in Re: Brian E. Vodicka

• Court: Court of Appeals of Texas
• Decided: January 10, 2020
• Docket: 05-19-01067-CV
• Status: Published

Opinion

DENY; Opinion Filed January 10, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01067-CV

IN RE BRIAN E. VODICKA, Relator

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-08135

MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Partida-Kipness Before the Court is relator’s September 4, 2019 petition for writ of mandamus seeking

relief with respect to two post-judgment discovery orders. In his petition, relator also challenges

the trial court’s jurisdiction, the denial of his motion to appear at an August 14, 2019 hearing by

telephone, and the denial of his motion for continuance of the August 14 hearing.

To be entitled to mandamus relief, 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.

of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition, the

mandamus record, and real party’s response, we conclude relator has not shown he is entitled to

the relief requested. Accordingly, we deny relator’s 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). We lift the stay issued by this Court on September 10, 2019.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

191067F.P05

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