in Re: Steven Garcia ( 2019 )

Denied; Opinion Filed August 12, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00916-CV
IN RE STEVEN GARCIA
On Appeal from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-02004-2019
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Nowell
Opinion by Justice Myers
Before the Court are relator’s petition for writ of mandamus and request for emergency
relief, respondent’s response, and relator’s reply. By his petition, relator seeks relief from the trial
court’s order denying his petition for an occupational license based on a lack of “essential need.”
See TEX. TRANSP. CODE ANN. §§ 521.242, 521.244. Relator asserts the trial court’s finding that
no essential need exists for him to operate a motor vehicle was a clear abuse of discretion because
he submitted all the required documentation and evidence in an ex parte hearing with no
controverting evidence. He further asserts he has no adequate remedy on appeal because of the
length of time a regular appeal takes.
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). Based on the record before us, we
conclude relator has not established his right to mandamus relief. We, therefore, deny relator's
petition for writ of mandamus and request for emergency relief.
/Lana Myers/
LANA MYERS
JUSTICE
190916F.P05
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