Court of Civil Appeals of Texas, 2021

in Re: Joseph Dingler

in Re: Joseph Dingler
Court of Civil Appeals of Texas · Decided September 30, 2021

in Re: Joseph Dingler

Opinion

Deny and Opinion Filed September 30, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00843-CV IN RE JOSEPH DINGLER, Relator Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-20-05083-A MEMORANDUM OPINION Before Justices Schenck, Nowell, and Garcia Opinion by Justice Nowell In his September 29, 2021 emergency petition for writ of mandamus, relator complains that the justice of the peace court lacked jurisdiction to entertain a new action regarding property that is currently the subject of appeals pending in this Court. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition and record, we conclude that relator has failed to show his entitlement to the relief requested. Accordingly, we deny the petition for writ of mandamus. /Erin A. Nowell/ ERIN A. NOWELL JUSTICE

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