Court of Civil Appeals of Texas, 2015

in Re: D. Brent Lemon

in Re: D. Brent Lemon
Court of Civil Appeals of Texas · Decided May 14, 2015

in Re: D. Brent Lemon

Opinion

DENY; and Opinion Filed May 14, 2015.

S Court of Appeals In The

Fifth District of Texas at Dallas No. 05-15-00613-CV IN RE D. BRENT LEMON, Relator Original Proceeding from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-11-03989-E MEMORANDUM OPINION Before Justices Lang, Fillmore, and Brown Opinion by Justice Brown Relator filed this petition for writ of mandamus requesting that the Court order the trial court to grant his motion for summary judgment and dismiss the claim against him with prejudice. 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). We conclude relator has failed to establish a right to the requested relief.

We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8.

/Ada Brown/ ADA BROWN JUSTICE 150613F.P05

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