In Re James Atkins Appeal from 435th District Court of Montgomery County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-19-00282-CV __________________ IN RE JAMES ATKINS __________________________________________________________________ Original Proceeding 435th District Court of Montgomery County, Texas Trial Cause No. 10-09-09576-CV __________________________________________________________________ MEMORANDUM OPINION Relator James Atkins filed a pro se petition for writ of mandamus, in which he complains that the trial court erred by denying his motion for judgment nunc pro tunc and asserts that the trial court lacked jurisdiction. Mandamus will issue only to correct a clear abuse of discretion or violation of a duty imposed by law when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the mandamus record and 1 petition, we conclude that the relator has not demonstrated an abuse of discretion by the trial court. Accordingly, we deny the petition for writ of mandamus. PETITION DENIED. PER CURIAM Submitted September 11, 2019 Opinion Delivered September 12, 2019 Before McKeithen, C.J., Kreger and Johnson, JJ. 2
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