in Re John Price

• Court: Court of Appeals of Texas
• Decided: August 9, 2016
• Docket: 05-16-00889-CV
• Status: Published

Opinion

Denied and Opinion Filed August 9, 2016.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00889-CV

IN RE JOHN PRICE, Relator

Original Proceeding from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-15-07681

MEMORANDUM OPINION Before Justices Francis, Evans, and Stoddart Opinion by Justice Evans Before the Court is relator’s petition for writ of mandamus in which he seeks

extraordinary relief from the trial court’s partial summary judgment order. The facts and issues

are well known to the parties, so we need not recount them here.

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. See TEX. R. APP. P. 52.8(a);

Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we

DENY relator’s petition for writ of mandamus.

/s/ David Evans 160889F.P05 DAVID EVANS JUSTICE 1