Deny and Opinion Filed August 25, 2015
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00987-CV
IN RE HOWARD HOLLAND, Relator
Original Proceeding from the 422nd Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 93042-422
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Francis
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to vacate its June 30, 2015 order dismissing his case. Ordinarily, to obtain mandamus
relief, a 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., 148 S.W.3d 124, 135–36
(Tex. 2004) (orig. proceeding). Mandamus “is not a substitute for and cannot be used to perform
the office of an appeal.” In re State, No. 05–14–00572–CV, 2014 WL 2049545, at *1 (Tex.
App.—Dallas May 15, 2014); see also In re Bernson, 254 S.W.3d 594, 596 (Tex. App.—
Amarillo 2008, no pet.). Relator has an adequate remedy by appeal. We deny the petition.
150987F.P05
/Molly Francis/
MOLLY FRANCIS
JUSTICE
in Re: Howard Holland
Combined Opinion