in Re: James Dondero

Deny and Opinion Filed July 23, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00897-CV IN RE JAMES DONDERO, Relator Original Proceeding from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-11-16417 MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Lewis Opinion by Justice Francis Relator filed this petition for writ of mandamus requesting that the Court order the trial court to vacate its June 13, 2014 “Order on Motion for Appointment of Financial Professional.” He also sought an emergency stay of the trial court’s order. Mandamus is an extraordinary remedy that is available only in limited circumstances. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding)). Mandamus is appropriate “only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law.” Id. 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); Walker, 827 S.W.2d at 839. Relator has failed to establish that he is entitled to relief under this standard. TEX. R. App. P. 52.8(a). We DENY the petition for writ of mandamus. 140897F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE –2–