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In re Harley ex rel. Estate of Peele

Court of Appeals Fifth District of Texas at Dallas
Feb 10, 2017
No. 05-17-00077-CV (Tex. App. Feb. 10, 2017)

Opinion

No. 05-17-00077-CV

02-10-2017

IN RE CHARLES HARLEY ON BEHALF OF THE ESTATE OF NELLIE PEELE AND ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES, Relator


Original Proceeding from the 160th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-16-02641

MEMORANDUM OPINION

Before Justices Bridges, Fillmore, and Schenck
Opinion by Justice Schenck

Before the Court is relator's January 24, 2017 petition for writ of mandamus in which relator seeks review of the trial court's order denying relator's motion to compel certain discovery.

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 requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relator's January 24, 2017 petition for writ of mandamus.

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE 170077F.P05


Summaries of

In re Harley ex rel. Estate of Peele

Court of Appeals Fifth District of Texas at Dallas
Feb 10, 2017
No. 05-17-00077-CV (Tex. App. Feb. 10, 2017)
Case details for

In re Harley ex rel. Estate of Peele

Case Details

Full title:IN RE CHARLES HARLEY ON BEHALF OF THE ESTATE OF NELLIE PEELE AND ON BEHALF…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 10, 2017

Citations

No. 05-17-00077-CV (Tex. App. Feb. 10, 2017)