in Re: Maurice Joel Herod

DENY and Opinion Filed May 6, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00268-CV
IN RE MAURICE JOEL HEROD, Relator
Original Proceeding from the 305th Judicial District Court
Dallas County, Texas
Trial Court Cause No. JC-20-00470
MEMORANDUM OPINION
Before Justices Osborne, Partida-Kipness, and Smith
Opinion by Justice Osborne
In this original proceeding, relator seeks mandamus relief from the trial
court’s orders (1) denying his demand for dismissal of the underlying termination of
parental rights proceeding and (2) denying his motion for summary judgment.
Entitlement to mandamus relief requires relator to show that the trial court clearly
abused its discretion and that he lacks an adequate remedy by appeal. In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
Based on our review of the petition and the record, we conclude that relator
has failed to meet his burden of demonstrating an abuse of discretion. See TEX. R.
APP. P. 52.8(a).
Accordingly, we deny the petition for writ of mandamus.
220268f.p05 /Leslie Osborne/
LESLIE OSBORNE
JUSTICE
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