in Re: Phyllis Lee

Court of Appeals of Texas·Decided February 13, 2020·No. 05-20-00168-CV·Published

Opinion

DENY and Opinion Filed February 13, 2020

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-20-00168-CV

IN RE PHYLLIS LEE, Relator

Original Proceeding from the 44th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-19-06171

MEMORANDUM OPINION

Before Justices Bridges, Osborne, and Pedersen Opinion by Justice Bridges Before the Court is relator’s petition for writ of mandamus and “motion for TEX. R. CIV.

P. 694.” Entitlement to mandamus relief requires relators to 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). After reviewing the petition and the mandamus record, we conclude relator has not shown it is entitled to the relief requested.

Accordingly, we DENY relator’s petition for writ of mandamus. See TEX. R. APP. P.

52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

We also DENY relator’s motion.

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE

200168F.P05

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Related

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