in Re Tony Lamar Vann ( 2021 )

DENY and Opinion Filed June 7, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00150-CV
IN RE TONY LAMAR VANN, Relator
Original Proceeding from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-09117
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Smith
Opinion by Justice Smith
In this pro se petition for writ of mandamus, relator Tony Lamar Vann
petitions the Court for a writ of mandamus compelling the trial court to (1) void its
order denying relator’s motion to reinstate, (2) recuse from this proceeding, and (3)
reinstate this case to the trial court’s active docket. To be entitled to the
extraordinary remedy of mandamus, 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). This
burden includes providing the appellate court with a record sufficient to make that
showing. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992). After reviewing
the petition and record, we conclude relator has failed to show an abuse of discretion.
Accordingly, we deny mandamus relief. See TEX. R. APP. P. 52.8(a).
/Craig Smith/
CRAIG SMITH
JUSTICE
210150F.P05
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