In Re: Christopher J. Mallin v. the State of Texas ( 2023 )

DENIED and Opinion Filed October 17, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00622-CV
IN RE CHRISTOPHER J. MALLIN, Relator
Original Proceeding from the Probate Court No. 3
Dallas County, Texas
Trial Court Cause No. PR-19-03131-3
MEMORANDUM OPINION
Before Justices Reichek, Smith, and Kennedy
Opinion by Justice Smith
In his June 26, 2023 petition for writ of mandamus, relator seeks relief from
the probate court’s order denying his “Motion to Compel Settlement of Maternal
Share of Estate.”
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy.
In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). After reviewing relator’s petition and the record before us, we conclude
that relator has failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
/Craig Smith/
CRAIG SMITH
JUSTICE
230622F.P05
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