Court of Civil Appeals of Texas, 2022

in Re John Michael Fitzpatrick

in Re John Michael Fitzpatrick
Court of Civil Appeals of Texas · Decided July 14, 2022

in Re John Michael Fitzpatrick

Opinion

DENY and Opinion Filed July 14, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00425-CV IN RE JOHN MICHAEL FITZPATRICK, Relator Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-50901-2020 MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Relator’s May 4, 2022 petition for writ of mandamus challenges the trial court’s “Temporary Orders Pending Appeal.” 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 Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)).

After reviewing the petition and the record before us, we conclude that relator has not shown his entitlement to the relief requested. See TEX. R. APP. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus.

220425f.p05 /Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

–2–

Case-law data current through December 31, 2025. Source: CourtListener bulk data.