in Re Clifton McGarity, Jr.

• Court: Court of Appeals of Texas
• Decided: June 25, 2008
• Docket: 04-08-00389-CV
• Status: Published

Opinion

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MEMORANDUM OPINION

No. 04-08-00389-CV

IN RE Clifton McGARITY, Jr.

Original Mandamus Proceeding1

PER CURIAM

Sitting: Catherine Stone, Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice

Delivered and Filed: June 25, 2008

PETITION FOR WRIT OF MANDAMUS DENIED

Relator Clifton McGarity, Jr. petitions for a writ of mandamus directing the trial court to

vacate its “judgment/order” dated May 22, 2008 in the underlying suit to remove a cloud on title.

To justify relief by mandamus, a relator must demonstrate he has no adequate remedy by appeal.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (stating requirements for

mandamus relief). The order in question is final and appealable and thus McGarity is not entitled

to mandamus relief. Accordingly, the petition for a writ of mandamus is denied. TEX . R. APP . P.

52.8(a).

1 This proceeding arises out of Cause No. 2008-CI-01376, styled Raymond Daniels v. Clifton McGarity, Jr., pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable Barbara Nellermoe presiding.