In Re: Robert Leslie Carnes--Appeal from 306th District Court of Galveston County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 22, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-05-00278-CV

____________

IN RE ROBERT LESLIE CARNES, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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

On March 18, 2004, 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. 52.1. Relator challenges the trial court=s refusal to rule on relator=s objection to the associate judge presiding over trial.

If a party objects to an associate judge hearing the trial, the party must file a written objection not later than the 10th day after the date the party receives notice that the associate judge will hear the case. Tex. Fam. Code Ann. ' 201.005(b)-(c) (Vernon 2002). Relator received notice on December 28, 2004. Thus, a written objection was required not later than January 7, 2005. On January 3, 2005, relator sent a fax to the trial court coordinator, merely asking, AShouldn=t this be set before the presiding judge.@ We do not construe this fax to constitute a filed, written objection to the associate judge pursuant to section 201.005(b)-(c). On January 13, 2004, relator filed a status report, which contained an objection pursuant to section 201.005; however, this objection was not timely filed. Accordingly, we find no abuse of discretion by the trial judge in refusing to rule on the objection.

We deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Dismissed and Memorandum Opinion filed March 22, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.