in Re Jeffery Wayne Blackburn

Opinion issued April 21, 2020

In The

Court of Appeals

For The

First District of Texas ————————————

NO. 01-19-00627-CV ———————————

IN RE JEFFERY WAYNE BLACKBURN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Jeffery Wayne Blackburn,1 has filed a petition for a writ of mandamus challenging two orders entered by the trial court striking certain counteraffidavits concerning medical expenses.2 See TEX. CIV. PRAC. & REM. CODE § 18.001. To be entitled to mandamus relief, a relator must show that the trial court clearly abused its discretion and that there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–136 (Tex. 2004) (orig. proceeding). Relator has not demonstrated that he lacks an adequate remedy by appeal. See Walker v. Packer, 827 S.W.2d 833, 842 (Tex. 1992) (orig. proceeding) (holding “an appellate remedy is not inadequate merely because it may involve more expense or delay than obtaining an extraordinary writ”); see also In re Flores, No. 01-19-00484-CV, 2020 WL 425297, *2–3 (Tex. App.—Houston [1st Dist.] Jan. 28, 2020, orig. proceeding) (mem. op.) (denying relators’ petition for writ of mandamus challenging trial court’s exclusion of counteraffidavits offered pursuant to Texas Civil Practice and Remedies Code section 18.001).

Accordingly, we deny relator’s petition for a writ of mandamus. See TEX. R. APP. P. 52.8(a), (d). Any pending motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Keyes, Lloyd, and Hightower.