In Re: James Jones v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 10, 2023
• Docket: 05-23-00330-CV
• Status: Published

Opinion

DENY and Opinion Filed April 10, 2023

S In The Court of Appeals Fifth District of Texas at Dallas

No. 05-23-00330-CV

IN RE JAMES JONES, Relator

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-18199

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Garcia Before the Court are relator’s April 10, 2023 petition for writ of mandamus

and emergency motion for temporary relief. In his petition, relator seeks mandamus

relief from the trial court’s March 27, 2023 Order Denying his “Motion for

Reconsideration of Denial of Agreed Motion for Continuance.”

Entitlement to mandamus relief requires relator to demonstrate that the trial

court clearly abused its discretion and that relator lacks an adequate remedy by

appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing the petition and the record before us, we conclude that

relator has failed to show the trial court abused its discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). Having denied the petition, we also deny the emergency motion as moot.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

230330F.P05

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