in Re: Tracy Nixon

Opinion

DENY and Opinion Filed February 10, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00130-CV

IN RE TRACY NIXON, Relator

Original Proceeding from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-00-14691

MEMORANDUM OPINION Before Justices Bridges, Osborne, and Reichek Opinion by Justice Bridges Before the Court is relator’s February 3, 2020 petition for writ of mandamus in which he

complains the administrative district judge erred in failing to grant permission for relator, who has

been declared a vexatious litigant, to file a declaratory judgment proceeding challenging the

subject matter jurisdiction in an underlying proceeding in which relator was held in contempt of

court for failing to pay child support.

Entitlement to mandamus relief requires relator 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.

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

writ of mandamus, and observing relator’s failure to comply with rule 52.3 of the rules of appellate

procedure, we conclude relator has not shown he is entitled to the relief requested. Accordingly,

1 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).

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

200130F.P05

–2–