in Re: David Barnes ( 2022 )

DENY and Opinion Filed February 1, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00086-CV
IN RE DAVID BARNES, Relator
Original Proceeding from the 330th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-11-11126
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Reichek
In this original proceeding, relator challenges the trial court’s January 25,
2022 order imposing monetary sanctions. 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).
We conclude relator has failed to show that he lacks an adequate remedy by
appeal. See Braden v. Downey, 811 S.W.2d 922, 928 (Tex. 1991) (orig. proceeding)
(observing that improper monetary sanctions orders can typically be rectified on
appeal). Accordingly, we deny the petition for writ of mandamus. Having denied the
petition, we also deny relator’s emergency motion for temporary relief as moot.
Also before the court is relator’s motion to seal court records. We grant the
motion and direct the Clerk of the Court to place relator’s January 31, 2022 petition
for writ of mandamus and the accompanying mandamus record under seal.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
220086F.P05
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