Summary
This memorandum opinion from the Texas Fifteenth Court of Appeals addresses a petition for writ of mandamus filed by Gregory Aleman. The relator sought to compel a Bell County trial judge to issue findings of fact and conclusions of law in a related civil suit against the Department of Public Safety. Applying the standard that mandamus requires a clear abuse of discretion and lack of adequate appellate remedy, the appellate court found the relator failed to meet this burden. Consequently, the petition was denied.
Topics
Practice areas
Questions Presented
- Whether the trial court clearly abused its discretion such that a writ of mandamus is warranted.
Holdings
- The trial court did not clearly abuse its discretion; therefore the petition for writ of mandamus is denied.
Key quotations
“Mandamus is an extraordinary remedy that will issue only if (1) the trial court clearly abused its discretion and (2) the party requesting mandamus relief has no adequate remedy by appeal.”
Factual background
Gregory Aleman filed a petition for a writ of mandamus asking the appellate court to compel the Bell County trial court to file findings of fact and conclusions of law in case Aleman v. Department of Public Safety. The trial court had not filed such findings.
Procedural history
Relator Gregory Aleman filed a petition for a writ of mandamus seeking an order that the Bell County trial court file findings of fact and conclusions of law in case Aleman v. Department of Public Safety. The appellate court denied the petition.