Deny and Opinion Filed May 13, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00547-CV
IN RE JAMES MCCOY, Relator
Original Proceeding from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-13955-B
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Myers
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to rule on his Motion to Compel Discovery Schedule. The facts and issues are well known
to the parties, so we need not recount them herein. A writ of mandamus issues to correct a clear
abuse of discretion when no adequate remedy by appeal exists. Walker v. Packer, 827 S.W.2d
833, 839–40 (Tex. 1992) (orig. proceeding). Relator has failed to establish that the trial court has
clearly abused its discretion. Accordingly, we DENY the petition for writ of mandamus.
/Lana Myers/
LANA MYERS
JUSTICE
140547F.P05