in Re: Frederick Altyman Brown, Jr. ( 2021 )


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  • DENY and Opinion Filed October 7, 2021
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-21-00801-CV
    IN RE FREDERICK ALTYMAN BROWN, JR., Relator
    Original Proceeding from the 191st Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-19-20105
    MEMORANDUM OPINION
    Before Justices Schenck, Nowell, and Garcia
    Opinion by Justice Garcia
    Relator’s petition for writ of mandamus asks that we compel the trial court to
    rule on a special appearance filed months after the court granted a summary
    judgment motion and on other matters pertaining to the court’s jurisdiction and
    recusal. Entitlement to mandamus relief requires relator to show 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 petition and the record before us, we conclude that relator has failed to
    show his entitlement to the relief requested. Accordingly, we deny the petition for
    writ of mandamus. See TEX. R. APP. P. 52.8(a).
    Having denied the petition, we also deny relator’s motion for stay as moot.
    /Dennise Garcia/
    DENNISE GARCIA
    JUSTICE
    210801F.P05
    –2–
    

Document Info

Docket Number: 05-21-00801-CV

Filed Date: 10/7/2021

Precedential Status: Precedential

Modified Date: 10/13/2021