in Re Yousef Eldiraoui

• Court: Court of Appeals of Texas
• Decided: May 21, 2019
• Docket: 14-19-00379-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 21, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00379-CV

IN RE YOUSEF ELDIRAOUI, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 240th District Court Fort Bend County, Texas Trial Court Cause No. 17-DCV-247500

MEMORANDUM OPINION

On May 9, 2019, relator Yousef Eldiraoui filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Frank J. Frayley, presiding judge of the 240th District Court of Fort Bend County, to vacate his March 5, 2019 order on Plaintiff’s Second Motion to Compel Discovery Responses, in which the judge overruled all of relator’s objections to the discovery requests at issue.

Relator also filed a motion asking our court to stay all proceedings in the trial court pending this court’s decision on his petition for mandamus relief. See Tex. R. App. P. 52.10.

With certain exceptions not applicable in this proceeding, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy at law, such as an appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Relator has not established that he is entitled to mandamus relief. We therefore deny relator’s petition for writ of mandamus and motion for stay.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Spain and Poissant.