in Re: John Jennings

• Court: Court of Appeals of Texas
• Decided: August 25, 2022
• Docket: 05-22-00804-CV
• Status: Published

Opinion

Deny and Opinion Filed August 25, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00804-CV

IN RE JOHN JENNINGS, Relator

Original Proceeding from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-10253

MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Nowell Before the Court is relator’s August 16, 2022 petition for writ of mandamus.

In his petition, relator challenges the trial court’s order denying his motion for

summary judgment based on limitations.

To be entitled to mandamus relief, relator must show (1) the trial court clearly

abused its discretion, and (2) the relator lacks an adequate remedy by appeal. In re

Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re

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

Generally, mandamus relief is not available when a trial court denies a motion for

summary judgment, regardless of the merits of the motion. In re United Servs. Auto. Ass’n, 307 S.W.3d 299, 314 (Tex. 2010) (orig. proceeding) (USAA); In re McAllen

Med.Ctr., Inc., 275 S.W.3d 458, 465 (Tex. 2008) (orig. proceeding). “Only

extraordinary circumstances will justify granting mandamus relief when a trial court

erroneously denies a motion for summary judgment.” In re Ooida Risk Retention

Grp., Inc., 475 S.W.3d 905, 913 (Tex. App.—Fort Worth 2015, orig. proceeding).

After reviewing the petition and mandamus record, we conclude relator has

not made such a showing. Accordingly, without expressing any opinion on the trial

court’s ruling on the motion for summary judgment, we deny relator’s petition for

writ of mandamus.

/Erin A. Nowell/ ERIN A. NOWELL 220804f.p05 JUSTICE

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