In Re: Christopher J. Mallin v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 17, 2023
• Docket: 05-23-00622-CV
• Status: Published

Opinion

DENIED and Opinion Filed October 17, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00622-CV

IN RE CHRISTOPHER J. MALLIN, Relator

Original Proceeding from the Probate Court No. 3 Dallas County, Texas Trial Court Cause No. PR-19-03131-3

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Smith In his June 26, 2023 petition for writ of mandamus, relator seeks relief from

the probate court’s order denying his “Motion to Compel Settlement of Maternal

Share of Estate.”

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 the record before us, 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).

/Craig Smith/ CRAIG SMITH JUSTICE 230622F.P05

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