In Re: Dehghani Mohammed--Appeal from 310th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 10, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00084-CV

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IN RE DEHGHANI MOHAMMED, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On January 26, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In his petition, relator seeks to have this court compel the Honorable Lisa Millard, presiding judge of the 310th District Court in Harris County, Texas, to set aside a default judgment rendered against him in cause number 1983-38483, styled In the Matter of the Marriage of Mohammed H. Dehghani and Akram Dehghani, and in the Interest of D.D., a minor child.

This is relator=s second petition for writ of mandamus in this matter. On January 13, 2005, this court issued an opinion denying relator=s first petition, which sought the same relief, because the petition did not comply with the Texas Rules of Appellate Procedure and appellant did not establish he was entitled to mandamus relief. See In re Mohammed, No. 14-04-01218-CV (Tex. App.CHouston [14th Dist.] 2005, orig. proceeding).

Relator has again failed to establish he is entitled to relief. Relator=s remedy to challenge the default judgment in this case is by appeal. Although he avers he mailed a notice of appeal to the trial court, there is no evidence it was received or filed. See Tex. R. App. P. 52.3(j)(1); 52.7(a) (requiring relator to file a certified or sworn copy of all documents material to his claim for relief that were filed in the underlying proceeding). Accordingly, relator has not established the trial court abused it discretion.

Therefore, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed February 10, 2005.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.