in Re: David C. Petruska

• Court: Court of Appeals of Texas
• Decided: August 7, 2017
• Docket: 05-17-00668-CV
• Status: Published

Opinion

DENY; and Opinion Filed August 7, 2017.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00668-CV

IN RE DAVID C. PETRUSKA, Relator

Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-14-03303-B

MEMORANDUM OPINION Before Justices Francis, Brown, and Whitehill Opinion by Justice Brown Before the Court is relator’s June 14, 2017 petition for writ of mandamus. In this original

proceeding, relator complains the trial court abused its discretion by denying his motion for real

party in interest to submit to a psychological examination by relator’s expert. 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. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Ada Brown/ ADA BROWN JUSTICE

170668F.P05

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