DENIED and Opinion Filed April 28, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00530-CV
IN RE LOWELL MERRITT, Relator
Original Proceeding from the 296th Judicial District Court
Collin County, Texas
Trial Court Cause No. 296-01387-2009
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Myers
Before the Court is relator’s petition for writ of mandamus is which he requests that the
Court order the trial court to allow him to file a notice of appeal from the denial of a plea to the
jurisdiction or, alternatively, to remand this case to McLennan County, Texas where the case was
initially filed in 2009. 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). Relator has
failed to establish a right to relief. We DENY the petition for writ of mandamus.
/Lana Myers/
150530F.P05 LANA MYERS
JUSTICE