DENIED and Opinion Filed June 4, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00601-CV No. 05-19-00602-CV No. 05-19-00603-CV No. 05-19-00604-CV No. 05-19-00605-CV IN RE SAMUEL RAITHEL GROSS, Relator Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause Nos. PR-70-02216, PR-70-02216-2-D, PR-08-2070-2, PR-11-3340-2, and PR-12-4119-1 MEMORANDUM OPINION Before Justices Brown, Schenck, and Reichek Opinion by Justice Reichek Before the Court is relator’s petition for writ of mandamus in which relator seeks a writ of mandamus ordering the probate court to complete an accounting of his mother’s estate. To be entitled to 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). “Due to the extraordinary nature of the remedy, the right to mandamus relief generally requires a predicate request for action by the respondent, and the respondent’s erroneous refusal to act.” In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017) (orig. proceeding) (citing In re Perritt, 992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding)). Based on the record before us, we conclude relator has not shown he is entitled to the relief requested because he has presented no evidence that he has requested an accounting from the trial court and that the trial court has refused to act. Accordingly, we deny relator’s 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).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

190601F.P05

–2–