Deny and Opinion Filed April 13, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00200-CV
IN RE RICHARD BORIACK, Relator
Original Proceeding from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-04604
MEMORANDUM OPINION
Before Justices Osborne, Partida-Kipness, and Smith
Opinion by Justice Osborne
In this original proceeding, relator challenges the trial court’s February 10,
2022 order granting real party in interest’s motion to enforce a settlement
agreement. Real party has filed a motion to dismiss the petition on the ground that
relator has an adequate appellate remedy.
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).
Based on our review of the petition, record, and motion to dismiss we
conclude relator has failed to demonstrate that he lacks an adequate appellate
remedy. Accordingly, we deny the petition for writ of mandamus. See TEX. R.
APP. P. 52.8(a). Having denied the petition, we also deny real party’s motion to
dismiss as moot.
220200f.p05 /Leslie Osborne//
LESLIE OSBORNE
JUSTICE