                                      In The

                               Court of Appeals
                    Ninth District of Texas at Beaumont
                           ____________________
                              NO. 09-16-00184-CV
                           ____________________

                  IN RE ROBERT NORMAN SMITHBACK
________________________________________________________________________

                             Original Proceeding
                  411th District Court of Polk County, Texas
                          Trial Cause No. CIV29146
________________________________________________________________________

                          MEMORANDUM OPINION

      Relator, Robert Norman Smithback, filed a pro se petition for writ of

mandamus, in which he contends the trial court abused its discretion in dismissing

relator’s case for failing to comply with Chapter 14 of the Texas Civil Practice and

Remedies Code. A writ of mandamus is an extraordinary remedy that may be

issued to correct a clear abuse of discretion when that abuse cannot be remedied by

appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004)

(orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 840-44 (Tex. 1992) (orig.

proceeding). After reviewing the mandamus record and petition, we conclude that

the relator has not demonstrated that he is entitled to mandamus relief. Relator has

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not shown that the trial court abused its discretion in dismissing his lawsuit and

that he has no adequate remedy by appeal. Accordingly, relator’s petition for writ

of mandamus is denied. See Tex. R. App. P. 52.8(a).

      PETITION DENIED.


                                                  PER CURIAM


Submitted on June 15, 2016
Opinion Delivered June 16, 2016

Before McKeithen, C.J., Horton and Johnson, JJ.




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