In Re: Gerard Burks--Appeal from 56th 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. 14-05-00336-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 April 5, 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 (1) respondent=s denial of a default judgment on appearance day and (2) refusal to permit evidence of relator=s attorney=s fees.

Relator has not established that he is entitled to mandamus relief. Mandamus will not issue for the purpose of directing a trial court to render a judgment by default. See In re Ramirez, 994 S.W.2d 682, 683 (Tex. App.CSan Antonio 1998, orig. proceeding). Additionally, the record does not reflect a ruling on relator=s offer of evidence. 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.