Court of Civil Appeals of Texas, 2014

in Re: Jay McNeal and Raul H. Loya

in Re: Jay McNeal and Raul H. Loya
Court of Civil Appeals of Texas · Decided July 23, 2014

in Re: Jay McNeal and Raul H. Loya

Opinion

Deny and Opinion Filed July 23, 2014

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00911-CV IN RE JAY MCNEAL AND RAUL H. LOYA, Relator Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-13829 MEMORANDUM OPINION Before Justices Bridges, FitzGerald, and Francis Opinion by Justice Francis Relators filed this petition for writ of mandamus requesting that the Court set aside the trial court’s June 13, 2014 sanctions order. Mandamus is an extraordinary remedy that is available only in limited circumstances. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding)). Mandamus is appropriate “only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law.” Id. Ordinarily, to obtain mandamus relief, a 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., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding); Walker, 827 S.W.2d at 839. Because relators have an adequate remedy by appeal of the trial court’s order, they have failed to establish that they are entitled to relief. TEX. R. APP. P. 52.8(a).

Accordingly, we DENY relator’s petition for writ of mandamus.

140911F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE

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