in Re: Steven B. Aubrey ( 2020 )


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  • DENY; Opinion Filed January 14, 2020.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-01342-CV
    IN RE STEVEN B. AUBREY, Relator
    Original Proceeding from the 14th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-15-08135
    MEMORANDUM OPINION
    Before Justices Myers, Schenck, and Nowell
    Opinion by Justice Nowell
    Before the Court is relator’s November 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, and the denial of his motion to appear at an August 14, 2019 hearing
    by telephone.
    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, and
    the mandamus record, 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).
    /Erin A. Nowell/
    ERIN A. NOWELL
    JUSTICE
    191342F.P05
    –2–
    

Document Info

Docket Number: 05-19-01342-CV

Filed Date: 1/14/2020

Precedential Status: Precedential

Modified Date: 1/16/2020