DENY; and Opinion Filed April 15, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00436-CV IN RE CHARLES HENSLEY MITCHELL, Relator On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-11-14792 MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Schenck In this petition for writ of mandamus relator contends the trial court violated a ministerial duty by failing to invalidate a durable power of attorney, which he contends was not signed before a notary. Relator raised a similar argument on direct appeal. See Mitchell v. Houston, No. 05-13-00618-CV, 2015 WL 544117, at *1 (Tex. App.—Dallas Feb. 10, 2015). We affirmed the trial court’s judgment concluding relator had not preserved the issue for review.

A writ of mandamus is not a substitute for an appeal. In re Bernson, 254 S.W.3d 594, 596 (Tex. App.—Amarillo 2008, no pet.). Mandamus is an appropriate remedy only where appeal does not provide an adequate means for asserting the relator’s claims. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). This is not such a situation.

We deny the petition.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

150436F.P05

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