in Re Todd Warren Altschul ( 2007 )

Opinion issued April 12, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-07-00085-CR

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IN RE TODD ALTSCHUL, Relator

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Original Proceeding on Petition for Writ of Mandamus

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MEMORANDUM OPINION

Relator, Todd Altschul, has filed a petition for writ of mandamus requesting that this Court compel respondent ⁽¹⁾ 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's petition does not meet the requirements of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.3(b), (c), (e), (g), (j). Moreover, relator has not provided us with a record that shows that he made any request of respondent to perform a nondiscretionary act that respondent refused. See Tex. R. App. P. 52.7. Barnes v. State, 832 S.W.2d 424, 426 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding).

The petition for writ of mandamus is denied.

It is so ORDERED.

PER CURIAM

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

Do not publish.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

1. Respondent is the Honorable Ben Hardin, Judge, 23rd District Court, Brazoria County.