in Re: Tracy Nixon

• Court: Court of Appeals of Texas
• Decided: March 3, 2021
• Docket: 05-21-00096-CV
• Status: Published

Opinion

Denied and Opinion Filed March 3, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00096-CV

IN RE TRACY NIXON, Relator

Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-09145

MEMORANDUM OPINION Before Justices Schenck, Nowell, and Garcia Opinion by Justice Nowell In his February 9, 2021 petition for writ of mandamus, relator challenges the

trial court’s partial summary judgment order dismissing claims against the insurance

company. 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).

After reviewing the petition and record, we conclude that the petition is

deficient, see TEX. R. APP. P. 52.3 and 52.7, and that, in any event, relator has an

adequate appellate remedy, see In re Brown, No. 05-19-00877-CV, 2019 WL 3334622, *1 (Tex. App.—Dallas July 25, 2019) (mem. op.) (establishing that

adequate appellate remedy exists for challenge to grant of partial summary

judgment). Accordingly, we deny the petition for writ of mandamus.

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

210096F.P05

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