IN RE: Annice Hale (2016)

MEMORANDUM OPINION

On Monday, February 8, 2016, relator Annice Hale 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 Joseph J. Halbach Jr., presiding judge of the 333rd District Court of Harris County, to vacate his final judgment signed on September 28, 2015.

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 final judgment signed on September 28, 2015, 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