in Re: Gregory Duncan

• Court: Court of Appeals of Texas
• Decided: February 16, 2017
• Docket: 05-17-00155-CV
• Status: Published

Opinion

Denied and Opinion Filed February 16, 2017

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00155-CV

IN RE GREGORY DUNCAN, Relator

Original Proceeding from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-08535

MEMORANDUM OPINION Before Justices Francis, Lang, and Evans Opinion by Justice Evans Before the Court is relator’s February 14, 2017 petition for writ of mandamus in which he

complains of the trial court’s February 1, 2017 sanctions order. 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. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d

833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relator’s petition for writ of

mandamus.

170155F.P05 /s/David Evans/ DAVID EVANS JUSTICE