Court of Civil Appeals of Texas, 2020

in Re: Toby Toudouze

in Re: Toby Toudouze
Court of Civil Appeals of Texas · Decided November 18, 2020

in Re: Toby Toudouze

Opinion

DENIED and Opinion Filed November 18, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00540-CV IN RE TOBY TOUDOUZE, Relator Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-08531 MEMORANDUM OPINION Before Justices Schenck, Partida-Kipness, and Nowell Opinion by Justice Schenck Before the Court is relator’s May 15, 2020 petition for writ of mandamus. In the petition, relator challenges the trial court’s order disqualifying his attorney and attorney’s firm from representing him in the underlying lawsuit.

Entitlement to mandamus relief requires relator to show 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).

Based on the petition, real parties in interest’s response, relators’ reply, and the record before us, we conclude that relator has failed to show his entitlement to the relief requested. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/David J. Schenck/ DAVID J. SCHENCK JUSTICE 200540F.P05

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