in Re: Charles Harley on Behalf of the Estate of Nellie Peele and on Behalf of All Wrongful Death Beneficiaries

• Court: Court of Appeals of Texas
• Decided: February 10, 2017
• Docket: 05-17-00077-CV
• Status: Published

Opinion

DENY; and Opinion Filed February 10, 2017.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00077-CV

IN RE CHARLES HARLEY ON BEHALF OF THE ESTATE OF NELLIE PEELE AND ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES, Relator

Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-02641

MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Schenck Opinion by Justice Schenck Before the Court is relator’s January 24, 2017 petition for writ of mandamus in which

relator seeks review of the trial court’s order denying relator’s motion to compel certain

discovery.

To be entitled to 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). Based on the record before us, we

conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a);

Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we

deny relator’s January 24, 2017 petition for writ of mandamus.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE 170077F.P05