In Re: Loyd Tom Logan, Jr.--Appeal from of County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-03-00167-CV

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IN RE:

LOYD TOM LOGAN, JR.

Original Mandamus Proceeding

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

Loyd Tom Logan, Jr., has filed a petition for writ of mandamus in which he asks this Court to order the district judge of the 76th Judicial District Court of Titus County to file and rule on his motion for change of venue.

Logan is involved in a will contest which is pending in the Titus County Probate Court. We have contacted the district judge, who has informed us in writing that he has no action involving Logan pending in his court and that the district clerk forwarded the change of venue motion to the county clerk for filing.

Mandamus issues only when the mandamus record establishes (1) a clear abuse of discretion or the violation of a duty imposed by law, and (2) the absence of a clear and adequate remedy at law. Cantu v. Longoria, 878 S.W.2d 131, 132 (Tex. 1994); Walker v. Packer, 827 S.W.2d 833, 839 40 (Tex. 1992).

Logan has directed this Court to no error by the district judge.

The petition for writ of mandamus is denied.

Donald R. Ross

Justice

Date Submitted: January 13, 2004

Date Decided: January 14, 2004