in Re D. Andrew Klein

Petition for Writ of Mandamus Denied and Memorandum Opinion filed
February 21, 2019.
In The
Fourteenth Court of Appeals
NO. 14-19-00093-CV
IN RE D. ANDREW KLEIN, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
215th District Court
Harris County, Texas
Trial Court Cause No. 2016-45649
MEMORANDUM OPINION
On February 4, 2019, relator D. Andrew Klein filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
P. 52. In the petition, Klein asks this court to compel the Honorable Elaine H.
Palmer, presiding judge of the 215th District Court of Harris County, to vacate her
January 7, 2019 and January 17, 2019 orders granting Third-Party Defendant Hikmat
Ghazal’s motion to abate Klein’s claim against Ghazal. Klein has also filed a motion
for temporary relief, asking our court to stay certain orders and proceedings in the
trial court. See Tex. R. App. P. 52.10.
Generally, to obtain mandamus relief, a relator must show both that the trial
court clearly abused its discretion and that the relator has no adequate remedy at law,
such as an appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004)
(orig. proceeding); In re Garza, 544 S.W.3d 836, 840 (Tex. 2018) (orig. proceeding)
(per curiam). Klein has not shown that the trial court clearly abused its discretion.
We therefore deny Klein’s petition for writ of mandamus and motion for temporary
relief.
PER CURIAM
Panel consists of Justices Wise, Zimmerer, and Spain.
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