in Re Stephen M. Yamin, Sr. ( 2008 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 19, 2008

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 19, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-07-01035-CV

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IN RE STEPHEN M. YAMIN, SR., Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On December 10, 2007, relator, Stephen M. Yamin, Sr., filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator asks this court to compel the Honorable Mary Nell Crapitto, presiding judge of County Court at Law No. One, Galveston County, to set aside her discovery orders of October 24, 2006, and January 5, 2007.

In order to obtain mandamus relief, the relator must show that the trial court clearly abused its discretion and the relator has no adequate remedy by appeal.  In re Sw. Bell Tele. Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007) (orig. proceeding).  Relator complains that respondent abused her discretion by awarding discovery sanctions for failing to produce discovery.  Relator, however, has an adequate remedy by appeal.  See Braden v. Downey, 811 S.W.2d 922, 928 (Tex. 1991) (adequate remedy by appeal exists for monetary discovery santions); In re Lavernia Nursing Facility, 12 S.W.3d 566, 571 (Tex. App.CSan Antonio 1999, orig. proceeding [mand. denied]) (monetary sanctions are not remediable by mandamus). 

Relator further asserts that respondent abused her discretion by refusing to grant a jury trial after he had timely requested a jury and paid the jury fee.  Relator filed his petition in this court two days before the date the underlying case was set for trial.  The record does not show that relator presented his jury request to respondent or that respondent denied his request.  See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding) (relator has the burden of providing the appellate court with sufficient record to establish his right to mandamus relief).

Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator=s petition for writ of mandamus.  We further lift our stay entered on December 11, 2007.

PER CURIAM

Petition Denied and Memorandum Opinion filed February 19, 2008.

Panel consists of Justices Fowler, Frost, and Seymore.