in Re Dipak T. Patel and Pravin T. Patel

Court of Appeals of Texas·Decided November 1, 2018·No. 14-18-00853-CV·Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed November 1, 2018.

In The

Fourteenth Court of Appeals

NO. 14-18-00853-CV

IN RE DIPAK T. PATEL AND PRAVIN T. PATEL, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 344th District Court Chambers County, Texas Trial Court Cause No. CV25784

MEMORANDUM OPINION

On March 2, 2018, relators Dipak T. Patel and Pravin T. Patel filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable Randy McDonald, presiding judge of the 344th District Court of Chambers County, to vacate his September 27, 2018 order denying relators’ motion to dismiss. With certain exceptions, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy at law, such as an appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Relators have not shown that the trial court clearly abused its discretion. We therefore deny relators’ petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Donovan, Wise, and Jewell.

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)