In Re: Gerald Burks--Appeal from 405TH District Court of Galveston County

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

In The

Fourteenth Court of Appeals

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NO. 14-05-00153-CV

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IN RE GERALD BURKS, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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

On February 14, 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. Relator seeks to overturn an abatement of the underlying cause and seeks to overturn the trial court=s denial of his motion to strike a petition in intervention.

Relator has not shown a clear abuse of discretion in the respondent=s rulings. Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed April 22, 2005.

Panel consists of Justices Edelman, Seymore, and Guzman.