in Re: Steven B. Aubrey

• Court: Court of Appeals of Texas
• Decided: January 14, 2020
• Docket: 05-19-01342-CV
• Status: Published

Opinion

DENY; Opinion Filed January 14, 2020.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01342-CV

IN RE STEVEN B. AUBREY, Relator

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-08135

MEMORANDUM OPINION Before Justices Myers, Schenck, and Nowell Opinion by Justice Nowell Before the Court is relator’s November 4, 2019 petition for writ of mandamus seeking

relief with respect to two post-judgment discovery orders. In his petition, relator also challenges

the trial court’s jurisdiction, and the denial of his motion to appear at an August 14, 2019 hearing

by telephone.

To be entitled to mandamus relief, 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.

of Am., 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 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).

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

191342F.P05

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