Opinion
No. 04-13-00279-CV
05-15-2013
IN RE Richard LESHIN
MEMORANDUM OPINION
Original Mandamus Proceeding
This proceeding arises out of Cause No. 2011-PB6-000081-L2, styled In the Matter of the Guardianship of Carlos Benavides, Jr., An Incapacitated Person, pending in the County Court at Law No. 2, Webb County, Texas, the Honorable Jesus Garza presiding.
PER CURIAM Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
PETITION FOR WRIT OF MANDAMUS DENIED
On April 29, 2013, Relator Richard Leshin filed a petition for writ of mandamus, complaining of the portion of the trial court's February 5, 2013 order that awarded sanctions against Leshin. However, mandamus relief is only available if the relator establishes both the trial court abused its discretion and relator lacks an adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 125 (Tex. 2004) (orig. proceeding). Leshin has failed to establish he lacks an adequate remedy by appeal. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
We note that Leshin has filed an appeal in Cause Number 04-13-00196-CV from the same order complained of in this proceeding.
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PER CURIAM