DENY; and Opinion Filed February 10, 2017.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00077-CV
IN RE CHARLES HARLEY ON BEHALF OF THE ESTATE OF NELLIE PEELE AND
ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES, Relator
Original Proceeding from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-02641
MEMORANDUM OPINION
Before Justices Bridges, Fillmore, and Schenck
Opinion by Justice Schenck
Before the Court is relator’s January 24, 2017 petition for writ of mandamus in which
relator seeks review of the trial court’s order denying relator’s motion to compel certain
discovery.
To be entitled to 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). Based on the record before us, we
conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a);
Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we
deny relator’s January 24, 2017 petition for writ of mandamus.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
170077F.P05