Opinion
No. 05-18-00647-CV
06-12-2018
IN RE JOHN CALCE, Relator
Original Proceeding from the 44th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-07706
MEMORANDUM OPINION
Before Justices Lang, Myers, and Whitehill
Opinion by Justice Lang
In this original proceeding, relator John Calce complains of the trial court's order denying his amended motion for partial summary judgment in which he sought advancement or reimbursement of his defense costs in the underlying proceeding. To be entitled to mandamus relief, a relator must show both 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 record before us, we conclude relator has not shown he is entitled to the relief sought. Accordingly, we deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE