Denied and Opinion Filed March 3, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00096-CV
IN RE TRACY NIXON, Relator
Original Proceeding from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-09145
MEMORANDUM OPINION
Before Justices Schenck, Nowell, and Garcia
Opinion by Justice Nowell
In his February 9, 2021 petition for writ of mandamus, relator challenges the
trial court’s partial summary judgment order dismissing claims against the insurance
company. Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that he lacks an adequate appellate remedy. In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
After reviewing the petition and record, we conclude that the petition is
deficient, see TEX. R. APP. P. 52.3 and 52.7, and that, in any event, relator has an
adequate appellate remedy, see In re Brown, No. 05-19-00877-CV, 2019 WL
3334622, *1 (Tex. App.—Dallas July 25, 2019) (mem. op.) (establishing that
adequate appellate remedy exists for challenge to grant of partial summary
judgment). Accordingly, we deny the petition for writ of mandamus.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
210096F.P05
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