in Re: Alexander Guevara and Jose Alfredo Guevara

Opinion

Denied and Opinion Filed February 18, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01049-CV

IN RE ALEXANDER GUEVARA AND JOSE ALFREDO GUEVARA, Relators

Original Proceeding from the County Court at Law No. 4 Dallas County, Texas

Trial Court Cause No. CC-17-05364-D

MEMORANDUM OPINION

Before Justices Myers, Molberg, and Nowell Opinion by Justice Myers

Relators Alexander Guevara and Jose Alfredo Guevara filed this petition for a writ of

mandamus challenging the trial court’s July 8, 2019 order granting real party in interest’s motion to strike the section 18.001 counteraffidavit of Monte Horne. Entitlement to mandamus relief requires relators to show both that the trial court has clearly abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition for writ of mandamus, real party’s response, the Texas Association of Defense Counsel’s amicus brief, the Texas Trial Lawyers Association’s amicus brief, and the mandamus record, we conclude relators have failed to show their remedy by appeal is inadequate. See In re Jeremiah Parks, No. 05-19-00375-CV, slip op. at 5 (Tex. App—Dallas Feb. 18, 2020, orig. proceeding) (mem. op.); In re Flores, No. 01-19- 00484-CV, 2020 WL 425297, at *1–2 (Tex. App.—Houston [1st Dist.] Jan. 28, 2020, orig. proceeding).

Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P.

52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

/Lana Myers/

LANA MYERS

JUSTICE

191049F.P05