in Re: Wilbert Norwood Starks ( 2019 )

DENIED and Opinion Filed February 10, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00322-CV
IN RE WILBERT NORWOOD STARKS, Relator
Original Proceeding from the County Court at Law No. 5
Collin County, Texas
Trial Court Cause No. 005-03474-2018
MEMORANDUM OPINION
Before Justices Bridges, Osborne, and Carlyle
Opinion by Justice Bridges
Before the Court is relator’s petition for writ of mandamus in which he complains of the
trial court’s February 19, 2019 post-judgment sanctions order. 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). “A sanctions order is appealable when the judgment is signed.” In re Smith, 192
S.W.3d 564, 569 (Tex. 2006) (orig. proceeding) (per curiam). Here, a final judgment was signed
on December 18, 2018, and relator filed a motion for new trial on December 31, 2018. As such,
relator has an adequate appellate remedy to seek review of the sanctions order
Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a)
(the court must deny the petition if the court determines relator is not entitled to the relief sought).
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
190322F.P05
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