DENY and Opinion Filed February 9, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01245-CV IN RE ADENIYO OLAOLUWA, Relator Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-09127 MEMORANDUM OPINION Before Justices Nowell, Goldstein, and Breedlove1 Opinion by Justice Breedlove In this original proceeding, relator seeks mandamus relief from the trial court’s sua sponte (1) order vacating final judgment and (2) order to appear. We deny the petition.

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. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

After reviewing relator’s petition, respondent’s response, relator’s reply, and the

The Honorable Justice Lana Myers was originally a member of this panel. The Honorable Justice Breedlove succeeded Justice Myers on this panel when her term expired on December 31, 2022. record before us, we conclude that relator has not shown his entitlement to the relief requested.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We also lift the stay issued by our November 22, 2022 order.

/Maricela Breedlove/ MARICELA BREEDLOVE JUSTICE 221245F.P05

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