in Re Todd Altschul

Opinion issued April 29, 2004









 






In The

Court of Appeals

For The

First District of Texas

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NO. 01-04-00278-CR

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IN RE TODD ALTSCHUL, Relator





Original Proceeding on Petition for Writ of Mandamus




 

MEMORANDUM OPINION

               Relator Todd Altschul filed a petition for writ of mandamus requesting that this Court compel respondent to conduct a hearing on relator’s motion for judgment nunc pro tunc in cause numbers 26672 and 26673. We deny the petition.

               A writ of mandamus will issue to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no adequate remedy at law. Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 305 (Tex. 1994) (orig. proceeding). Relator acknowledges that his motion for judgment nunc pro tunc was rejected for filing in the district court. Respondent has no duty to conduct a hearing, and does not abuse its discretion by declining to conduct a hearing, on a motion that is not properly before it for consideration.

               The petition for writ of mandamus is therefore denied.

               It is so ORDERED.

PER CURIAM


Panel consists of Chief Justice Radack, and Justices Alcala and Bland.

Do not publish. Tex. R. App. P. 47.2(b).