in Re: David C. Petruska

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