DENY and Opinion Filed May 6, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00268-CV IN RE MAURICE JOEL HEROD, Relator Original Proceeding from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-20-00470 MEMORANDUM OPINION Before Justices Osborne, Partida-Kipness, and Smith Opinion by Justice Osborne In this original proceeding, relator seeks mandamus relief from the trial court’s orders (1) denying his demand for dismissal of the underlying termination of parental rights proceeding and (2) denying his motion for summary judgment.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition and the record, we conclude that relator has failed to meet his burden of demonstrating an abuse of discretion. See TEX. R. APP. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus.

220268f.p05 /Leslie Osborne/ LESLIE OSBORNE JUSTICE

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