in Re: John David Palmer

• Court: Court of Appeals of Texas
• Decided: February 14, 2022
• Docket: 05-22-00081-CV
• Status: Published

Opinion

DENY and Opinion Filed February 14, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00081-CV

IN RE JOHN DAVID PALMER, Relator

Original Proceeding from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-21-1521

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Relator’s January 31, 2022 petition for writ of mandamus challenges the trial

court’s refusal to issue a citation under section 87.016(c) of the Texas Local

Government Code to remove a county judge from office. To be entitled to mandamus

relief, relator must demonstrate that the trial court has clearly abused its discretion

and that he has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d

124, 135–36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition and the record before us, we conclude that

relator has failed to show his entitlement to the relief requested. Accordingly, we

deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). 220081f.p05 /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

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