Court of Civil Appeals of Texas, 2019

in Re: Comella Brown

in Re: Comella Brown
Court of Civil Appeals of Texas · Decided December 10, 2019

in Re: Comella Brown

Opinion

Denied and Opinion Filed December 10, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01507-CV IN RE COMELLA BROWN, Relator Original Proceeding from the County Court At Law No. 1 Kaufman County, Texas Trial Court Cause No. CV-19C-140 MEMORANDUM OPINION Before Justices Schenck, Reichek, and Evans Opinion by Justice Evans Before the Court is relator’s December 9, 2019 petition for writ of mandamus to direct the trial court to vacate its December 2, 2019 judgment of possession in the underlying eviction suit.

To be entitled to mandamus relief, relator must show both that the trial court has clearly abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition and the mandamus record, we conclude relator has not shown she is entitled to the relief requested.

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).

/s/ DAVID EVANS JUSTICE

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