In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-081 CV
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IN RE WOODROW WILSON WILLIAMS
Woodrow Wilson Williams filed a petition for writ of mandamus through which he seeks to compel the trial court to consider a motion Wilson filed after the trial court lost plenary power over the judgment. The motion seeks to avoid the judgment rather than to enforce it. Williams relies upon a rule of federal procedure that does not apply to the state courts of Texas. See Fed. R. Civ. P. 1 ("These rules govern the procedure in the United States district courts in all suits of a civil nature. . . ."); Fed. R. Civ. P. 60 (Relief from Judgment or Order).
To obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). The trial court did not abuse its discretion in refusing to consider the merits of motions filed by the relator. Accordingly, the petition for writ of mandamus is denied.
PETITION DENIED.
PER CURIAM
Opinion Delivered March 13, 2008
Before McKeithen, C.J., Kreger and Horton, JJ.