in Re: Howard Holland

• Court: Court of Appeals of Texas
• Decided: August 26, 2015
• Docket: 05-15-00987-CV
• Status: Published

Opinion

Deny and Opinion Filed August 25, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00987-CV

IN RE HOWARD HOLLAND, Relator

Original Proceeding from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 93042-422

MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Francis Relator filed this petition for writ of mandamus requesting that the Court order the trial

court to vacate its June 30, 2015 order dismissing his case. Ordinarily, to obtain 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). Mandamus “is not a substitute for and cannot be used to perform

the office of an appeal.” In re State, No. 05–14–00572–CV, 2014 WL 2049545, at *1 (Tex.

App.—Dallas May 15, 2014); see also In re Bernson, 254 S.W.3d 594, 596 (Tex. App.—

Amarillo 2008, no pet.). Relator has an adequate remedy by appeal. We deny the petition.

150987F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE