Opinion
NO. 14-19-00862-CV
11-01-2019
IN RE PHILIP LEGGETT, M.D., Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS
157th District Court Harris County, Texas
Trial Court Cause No. 2015-46430
MEMORANDUM OPINION
On October 30, 2019, relator Philip Leggett, M.D. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Tanya Garrison, presiding judge of the 157th District Court of Harris County, to vacate her October 25, 2019 order denying relator's motion for leave to designate a responsible third party under Civil Practice and Remedies Code chapter 33.
Relator has also filed a motion for temporary relief, asking our court to stay the trial set for November 4, 2019 pending our decision on the petition. See Tex. R. App. Proc. 52.10.
With certain exceptions not applicable here, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy at law, such as an appeal. In re Garza, 544 S.W.3d 836, 840 (Tex. 2018) (orig. proceeding) (per curiam); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).
Because relator has not shown he is entitled to mandamus relief, we deny his petition for writ of mandamus and motion for temporary relief.
PER CURIAM Panel consists of Justices Christopher, Spain, and Poissant.