in Re: Caleb Moore

• Court: Court of Appeals of Texas
• Decided: September 14, 2022
• Docket: 05-22-00894-CV
• Status: Published

Opinion

DENIED and Opinion Filed September 14, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00894-CV

IN RE CALEB MOORE, Relator

Original Proceeding from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-22-02528-E

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Garcia

Before the Court is relator Caleb Moore’s September 12, 2022 petition

seeking a writ of mandamus compelling the trial court to make a finding, whether

by judicial notice or other means, of its docket conditions during the first sixty days

after relator filed his motion to dismiss pursuant to the Texas Citizens Participation

Act.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing relator’s petition and record, we conclude that relator

has failed to demonstrate entitlement to mandamus relief.

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

52.8(a).

220894f.p05 /Dennise Garcia// DENNISE GARCIA JUSTICE

–2–