Opinion issued June 26, 2006
In The
Court of Appeals
For the
First District of Texas
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NO. 01–06–00384–CV
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IN RE ARTHUR E. JOHNSON, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINIONRelator Arthur E. Johnson has filed a petition for a writ of mandamus directed at the Honorable Mike Wood, Judge of Probate Court No. 2 of Harris County. Relator claims that Judge Wood violated his state and federal constitutional rights in the underlying lawsuit by allegedly denying relator access to the courthouse to file documents.
The mandamus record contains a November 1, 2004 order signed by Judge Wood in which the judge found that relator and his daughter Pamela Johnson have harassed (1) the staff of the trial court and (2) the opposing party and the lawyers and staff representing her. In the order, Judge Wood limited relator and his daughter from contacting the staff of the trial court and the opposing party and the lawyers and staff representing her by any means other than written documents. The order specifically allowed relator to request in writing meetings or hearings that would be conducted in open court.
We deny the petition for a writ of mandamus because relator has filed both an appeal and this petition, demonstrating relator had an adequate remedy by appeal. See In re Flores, 111 S.W.3d 817, 818 (Tex. App.—Houston [1st Dist.] 2003, orig. proceeding).
PER CURIAM
Panel consists of Chief Justice Radack and Justices Taft and Nuchia.