in Re: Roger Barone

Opinion

DENIED; Opinion Filed October 28, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00792-CV

IN RE ROGER BARONE, Relator

Original Proceeding from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-50207-2019

MEMORANDUM OPINION Before Justices Bridges, Osborne, and Carlyle Opinion by Justice Carlyle Before the Court is relator’s July 2, 2019 petition for writ of mandamus and real party in

interest’s September 3, 2019 reply. In his petition, relator requests this Court to set aside the trial

court’s February 11, 2019 temporary orders and vacate the trial court’s May 29, 2019 contempt

order. To be entitled to mandamus relief, relator must show both that the trial court has clearly

abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins.

Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition,

mandamus record, and response, we conclude relator has failed to show he 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).

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

190792F.P05

–2–