in Re John Michael Fitzpatrick
This text of in Re John Michael Fitzpatrick (in Re John Michael Fitzpatrick) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DENY and Opinion Filed July 14, 2022
In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00425-CV
IN RE JOHN MICHAEL FITZPATRICK, Relator
Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-50901-2020
MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Relator’s May 4, 2022 petition for writ of mandamus challenges the trial
court’s “Temporary Orders Pending Appeal.” Entitlement to mandamus relief
requires relator to show that the trial court clearly abused its discretion and that he
lacks an adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex.
2021) (orig. proceeding) (citing In re Prudential Ins. Co., 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 not shown his entitlement to the relief requested. See TEX. R. APP. P. 52.8(a). Accordingly, we deny the petition for writ of mandamus.
220425f.p05 /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE
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