in Re: Jeffrey Bordok

Opinion

DENY; and Opinion Filed November 15, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01260-CV

IN RE JEFFREY BORDOK, Relator

Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-12565

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Fillmore In this original proceeding, relator complains that the trial court granted the real party in

interest’s motion to exclude certain opinions of one of relator’s experts. Relator seeks a writ of

mandamus directing the trial court to vacate the order excluding the expert’s testimony and to deny

the real party in interest’s motion to exclude that testimony. 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. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the

relief sought).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

181260F.P05

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