Denied and Opinion Filed June 12, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00268-CV
IN RE DAVID BARNES, Relator
Original Proceeding from the 330th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-17-17289
MEMORANDUM OPINION
Before Justices Osborne, Pedersen, III, and Goldstein
Opinion by Justice Osborne
Relator’s April 21, 2021 petition for writ of mandamus challenges the trial
court’s order denying his plea to the jurisdiction. To be entitled to mandamus relief,
relator must demonstrate that the trial court has clearly abused its discretion and that
he has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124,
135–36 (Tex. 2004) (orig. proceeding). Based on our review of the petition and the
record before us, we conclude that relator has failed to show an abuse of discretion.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).
Having denied the petition, we also deny relator’s motion for temporary relief as
moot.
/Leslie Osborne//
210268f.p05 LESLIE OSBORNE
JUSTICE
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