in Re: Brian E. Vodicka ( 2020 )

DENY; Opinion Filed January 10, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01067-CV
IN RE BRIAN E. VODICKA, Relator
Original Proceeding from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-08135
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Partida-Kipness
Before the Court is relator’s September 4, 2019 petition for writ of mandamus seeking
relief with respect to two post-judgment discovery orders. In his petition, relator also challenges
the trial court’s jurisdiction, the denial of his motion to appear at an August 14, 2019 hearing by
telephone, and the denial of his motion for continuance of the August 14 hearing.
To be entitled to mandamus relief, 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.
of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition, the
mandamus record, and real party’s response, we conclude relator has not shown he is entitled to
the relief requested. 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).
We lift the stay issued by this Court on September 10, 2019.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
191067F.P05
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