in Re: Ricardo Garcia

 







NUMBER 13-04-00634-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

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IN RE: RICARDO GARCIA

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On Petition for Writ of Mandamus ___________________________________________________________________


MEMORANDUM OPINION


Before Justices Hinojosa, Rodriguez and Garza

Per Curiam Memorandum Opinion


         Relator, Ricardo Garcia, filed a petition for writ of mandamus in the above cause on December 2, 2004. The permanent injunction about which relator complains was signed on July 13, 2004. On August 10, 2004 relator's attorney filed a notice of appeal and an affidavit of inability to pay costs in the trial court, and, on August 17, 2004 filed a designation of the clerk's record. However, relator's attorney failed to

file a copy of the notice of appeal with the clerk of this Court as required by appellate rule 25.1(e). See Tex. R. App. P. 25.2(e). On December 6, 2004, we requested and have now received a copy of the notice of appeal from the Hidalgo County Clerk. The appeal has been docketed under cause number 13-04-00639-CV.

         Mandamus relief is appropriate only to correct a clear abuse of discretion or the violation of a duty imposed by law, and when there is no adequate appellate remedy. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). Accordingly, having examined and fully considered relator's petition for writ of mandamus and having noted relator's appeal is now on file in this Court, we are of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, relator's petition for writ of mandamus filed on December 2, 2004, is DENIED. See Tex. R. App. P. 52.8(a).

 

                                                                                 PER CURIAM


Memorandum Opinion delivered and filed

this 7th day of December, 2004.