Denied and Opinion Filed August 9, 2016.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00889-CV
IN RE JOHN PRICE, Relator
Original Proceeding from the 256th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-15-07681
MEMORANDUM OPINION
Before Justices Francis, Evans, and Stoddart
Opinion by Justice Evans
Before the Court is relator’s petition for writ of mandamus in which he seeks
extraordinary relief from the trial court’s partial summary judgment order. The facts and issues
are well known to the parties, so we need not recount them here.
To be entitled to 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). Based on the record before us, we
conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a);
Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we
DENY relator’s petition for writ of mandamus.
/s/ David Evans
160889F.P05 DAVID EVANS
JUSTICE
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