DENY and Opinion Filed February 10, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00130-CV
IN RE TRACY NIXON, Relator
Original Proceeding from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-00-14691
MEMORANDUM OPINION
Before Justices Bridges, Osborne, and Reichek
Opinion by Justice Bridges
Before the Court is relator’s February 3, 2020 petition for writ of mandamus in which he
complains the administrative district judge erred in failing to grant permission for relator, who has
been declared a vexatious litigant, to file a declaratory judgment proceeding challenging the
subject matter jurisdiction in an underlying proceeding in which relator was held in contempt of
court for failing to pay child support.
Entitlement to mandamus relief requires relator to show both that the trial court has clearly
abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.
of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition for
writ of mandamus, and observing relator’s failure to comply with rule 52.3 of the rules of appellate
procedure, we conclude relator has not shown he is entitled to the relief requested. Accordingly,
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we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny
the petition if the court determines relator is not entitled to the relief sought).
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
200130F.P05
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