Petition for Writ of Mandamus Denied and Memorandum Opinion filed
August 11, 2016.
In The
Fourteenth Court of Appeals
NO. 14-16-00465-CV
IN RE IRAJ S. JABBARY, et. al., Relators
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
281st District Court
Harris County, Texas
Trial Court Cause No. 2014-41707
MEMORANDUM OPINION
On June 10, 2016, relators Iraj S. Jabbary, ABC Dentistry Pasadena, PA,
ABC Dentistry Old Spanish Trail, PLLC, ABC Dentistry West Orem, PLLC, ABC
Dentistry Hillcroft, PLLC, and ABC Dentistry, PA filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also
Tex. R. App. P. 52. In the petition, relators ask this court to compel the Honorable
Sylvia Matthews, presiding judge of the 281st District Court of Harris County, to
(1) vacate the May 25, 2016 order setting this case for trial on September 19, 2016,
and (2) vacate the May 31, 2016 order rendering judgment on motions for
summary judgment.
To obtain mandamus relief, relators must show both that the trial court
clearly abused its discretion and that relator has no adequate remedy by appeal. See
In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
As the ones seeking relief, relators have the burden of providing this court with a
sufficient record to establish their right to mandamus relief. See Walker v. Packer,
827 S.W.2d 833, 837 (Tex. 1992).
Relators have not provided this court with a record that establishes their
entitlement to mandamus relief. Accordingly, we deny relators’ petition for writ of
mandamus.
PER CURIAM
Panel consists of Chief Justice Frost and Justices McCally and Brown.
2
in Re Iraj S. Jabbary
Combined Opinion