in Re: Nasrollah ("Jeff") Jafarzadeh ( 2014 )

DENY; and Opinion Filed December 16, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-01518-CV
IN RE NASROLLAH ("JEFF") JAFARZADEH, Relator
Original Proceeding from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-53521-2012
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Stoddart
Opinion by Justice Lang-Miers
Relator filed this petition for writ of mandamus requesting that the Court order the trial
court to strike the portion of its temporary orders pending appeal that awarded real party in
interest attorney’s fees during the pendency of the appeal that were not conditional on prevailing
on the appeal. Ordinarily, to obtain 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 the trial court has clearly abused its
discretion. Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). We deny
the petition for writ of mandamus.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
141518F.P05 JUSTICE