in Re Robert Garza

• Court: Court of Appeals of Texas
• Decided: July 25, 2018
• Docket: 05-18-00816-CV
• Status: Published

Opinion

DENY; and Opinion Filed July 25, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00816-CV

IN RE ROBERT GARZA, Relator

Original Proceeding from the 469th Judicial District Court Collin County, Texas Trial Court Cause No. 469-50355-2013

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Fillmore In this original proceeding, relator seeks a writ of mandamus directing the trial court to

vacate its order denying relator’s motion to disqualify the real party in interest’s counsel and to

issue an order granting the motion. 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 that the trial court abused its discretion.

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).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 180816F.P05