In Re: Dr. Glen King v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 30, 2023
• Docket: 05-23-00109-CV
• Status: Published

Opinion

DENIED and Opinion Filed March 30, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00109-CV

IN RE DR. GLEN KING, Relator

Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-12568

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Kennedy Opinion by Justice Kennedy Before the Court is relator’s February 7, 2023 petition seeking a writ of

mandamus compelling the trial court to vacate its January 20, 2023 Order Granting

Plaintiffs’ Motion to Recover on Bonds and to Request New Bond Be Set.

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). Relator bears the burden of providing the Court with a sufficient record

to show he is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)

(orig. proceeding). Here, relator’s petition does not comply with the Texas Rules of

Appellate Procedure. See TEX. R. APP. P. 52.7(a)(2). Even if this defect did not exist, 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).

We also lift the stay issued by this Court’s February 8, 2023 Order.

/Nancy Kennedy/ NANCY KENNEDY JUSTICE

230109F.P05

–2–