IN RE: Winston Leon Hendricks (2016)

MEMORANDUM OPINION

On January 25, 2016, relator Winston Leon Hendricks filed a petition for writ of mandamus in this court.  See Tex. Gov't Code Ann. § 22.221 (West 2004);  see also Tex.R.App. P. 52.  In the petition, relator asks this court to compel the Honorable R.K. Sandill, presiding judge of the 127th District Court of Harris County, to:  (1) vacate his order disqualifying relator's counsel, and (2) vacate his order, signed on August 7, 2015, dismissing the case for want of prosecution.

All orders in the underlying case became final and appealable on August 7, 2015, when the trial court signed the order dismissing the case because such order states that the action is dismissed “as to all claims against any party that were not previously disposed of by prior Order signed and all Interlocutory Judgments previously signed are hereby made final.”

To obtain mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy.  In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex.2004) (orig.proceeding).  After a trial court signs a final judgment, mandamus relief is not available because the relator then has an adequate remedy by appeal.¹

Because relator has or had an adequate remedy by appeal of the orders of which he complains, we deny relator's petition for writ of mandamus.

FOOTNOTES

1.   See In re Sec. Nat'l Ins., No. 14–11–00013–CV, 2011 WL 332712, at *1 (Tex.App.— Houston [14th Dist.] Feb. 3, 2011, orig. proceeding) (mem.op.);  In re Thomas, 09–15–00240–CV, 2015 WL 3756834, at *1 (Tex.App.—Beaumont June 16, 2015 orig. proceeding) (mem.op.);  In re Harrell, No. 01–13–00517–CV, 2014 WL 866044, at *1 (Tex.App.—Houston [1st Dist.] Mar. 4, 2014, orig. proceeding) (mem.op.).

PER CURIAM