in Re John Michael Fitzpatrick

CourtCourt of Appeals of Texas
DecidedJuly 14, 2022
Docket05-22-00425-CV
StatusPublished

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.

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in Re John Michael Fitzpatrick, (Tex. Ct. App. 2022).

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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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)

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