in Re: Richard Boriack

• Court: Court of Appeals of Texas
• Decided: April 13, 2022
• Docket: 05-22-00200-CV
• Status: Published

Opinion

Deny and Opinion Filed April 13, 2022

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-00200-CV

IN RE RICHARD BORIACK, Relator

Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-04604

MEMORANDUM OPINION Before Justices Osborne, Partida-Kipness, and Smith Opinion by Justice Osborne

In this original proceeding, relator challenges the trial court’s February 10,

2022 order granting real party in interest’s motion to enforce a settlement

agreement. Real party has filed a motion to dismiss the petition on the ground that

relator has an adequate appellate remedy.

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

Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on our review of the petition, record, and motion to dismiss we

conclude relator has failed to demonstrate that he lacks an adequate appellate

remedy. Accordingly, we deny the petition for writ of mandamus. See TEX. R.

APP. P. 52.8(a). Having denied the petition, we also deny real party’s motion to

dismiss as moot.

220200f.p05 /Leslie Osborne// LESLIE OSBORNE JUSTICE