in Re: Alexander Guevara and Jose Alfredo Guevara

Denied and Opinion Filed February 18, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01049-CV
IN RE ALEXANDER GUEVARA AND JOSE ALFREDO GUEVARA, Relators
Original Proceeding from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-17-05364-D
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Nowell
Opinion by Justice Myers
Relators Alexander Guevara and Jose Alfredo Guevara filed this petition for a writ of
mandamus challenging the trial court’s July 8, 2019 order granting real party in interest’s motion
to strike the section 18.001 counteraffidavit of Monte Horne. Entitlement to mandamus relief
requires relators to show both that the trial court has clearly abused its discretion and that relators
have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex.
2004) (orig. proceeding). After reviewing the petition for writ of mandamus, real party’s
response, the Texas Association of Defense Counsel’s amicus brief, the Texas Trial Lawyers
Association’s amicus brief, and the mandamus record, we conclude relators have failed to show
their remedy by appeal is inadequate. See In re Jeremiah Parks, No. 05-19-00375-CV, slip op.
at 5 (Tex. App—Dallas Feb. 18, 2020, orig. proceeding) (mem. op.); In re Flores, No. 01-19-
00484-CV, 2020 WL 425297, at *1–2 (Tex. App.—Houston [1st Dist.] Jan. 28, 2020, orig.
proceeding).
Accordingly, we deny relators’ 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).
/Lana Myers/
LANA MYERS
JUSTICE
191049F.P05
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