in Re: Charles Stanley Churchwell, Jr., Trustee of the Christopher J. Merlo Revocable Trust

Opinion

DENY and Opinion Filed September 1, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00747-CV

IN RE CHARLES STANLEY CHURCHWELL, JR., TRUSTEE OF THE CHRISTOPHER J. MERLO REVOCABLE TRUST, Relator

Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-03799-2

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Garcia Before the Court is relator’s August 1, 2022 Petition for Writ of Mandamus

challenging the probate court’s (1) May 10, 2022 Order Appointing Guardian ad

Litem, (2) June 10, 2022 Order Denying the Motion to Set Aside Order Appointing

Guardian ad Litem and Amended Order Appointing Guardian ad Litem and

Expanding Powers, and (3) July 15, 2022 Order Granting Motion to Compel

Statutory Accounting.

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, real parties in interest’s responses,

and the record before us, we conclude that relator has failed to demonstrate

entitlement to mandamus relief. See TEX. R. APP. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus. We also lift the

stay issued by this Court’s August 22, 2022 Order.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

220747F.P05

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