in Re: Frederick Altyman Brown, Jr.

DENY and Opinion Filed October 7, 2021

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00801-CV

IN RE FREDERICK ALTYMAN BROWN, JR., Relator

Original Proceeding from the 191st Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-19-20105

MEMORANDUM OPINION

Before Justices Schenck, Nowell, and Garcia Opinion by Justice Garcia

Relator’s petition for writ of mandamus asks that we compel the trial court to rule on a special appearance filed months after the court granted a summary judgment motion and on other matters pertaining to the court’s jurisdiction and recusal. 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 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).

Having denied the petition, we also deny relator’s motion for stay as moot.

/Dennise Garcia/ DENNISE GARCIA

JUSTICE

210801F.P05