in Re Maravilla Owners Association, Inc. ( 2013 )


Menu:
  • Petition for Writ of Mandamus Denied and Memorandum Opinion filed
    December 5, 2013.
    In The
    Fourteenth Court of Appeals
    NO. 14-13-01018-CV
    IN RE MARAVILLA OWNERS ASSOCIATION, INC., Relator
    ORIGINAL PROCEEDING
    WRIT OF MANDAMUS
    405th District Court
    Galveston County, Texas
    Trial Court Cause No. 13-CV-0435
    MEMORANDUM OPINION
    On November 14, 2013, relator Maravilla Owners Association, Inc. filed a
    petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221;
    see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the
    Honorable Michelle Slaughter, presiding judge of the 405th District Court of
    Galveston County, to grant a no-answer default judgment against the real party in
    interest.
    Relator has not established its entitlement to mandamus relief. “Because the
    determination of whether a plaintiff is entitled to a default judgment requires the
    exercise of the trial court’s discretion, this court is without authority to compel by
    mandamus the entry of a default judgment.” In re Ramirez, 
    994 S.W.2d 682
    , 683
    (Tex. App.—San Antonio 1998, orig. proceeding). Accordingly, we deny relator’s
    petition for writ of mandamus.
    PER CURIAM
    Panel consists of Justices McCally, Busby, and Wise.
    2
    

Document Info

Docket Number: 14-13-01018-CV

Filed Date: 12/5/2013

Precedential Status: Precedential

Modified Date: 9/23/2015