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In re Mcneal

Court of Appeals Fifth District of Texas at Dallas
Jul 23, 2014
No. 05-14-00911-CV (Tex. App. Jul. 23, 2014)

Opinion

No. 05-14-00911-CV

07-23-2014

IN RE JAY MCNEAL AND RAUL H. LOYA, Relator


Deny and Opinion Filed July 23, 2014

Original Proceeding from the 44th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-13-13829


MEMORANDUM OPINION


Before Justices Bridges, FitzGerald, and Francis

Opinion by Justice Francis

Relators filed this petition for writ of mandamus requesting that the Court set aside the trial court's June 13, 2014 sanctions order. Mandamus is an extraordinary remedy that is available only in limited circumstances. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding)). Mandamus is appropriate "only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law." Id. Ordinarily, to obtain 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); Walker, 827 S.W.2d at 839. Because relators have an adequate remedy by appeal of the trial court's order, they have failed to establish that they are entitled to relief. TEX. R. APP. P. 52.8(a).

Accordingly, we DENY relator's petition for writ of mandamus. 140911F.P05

__________

MOLLY FRANCIS

JUSTICE


Summaries of

In re Mcneal

Court of Appeals Fifth District of Texas at Dallas
Jul 23, 2014
No. 05-14-00911-CV (Tex. App. Jul. 23, 2014)
Case details for

In re Mcneal

Case Details

Full title:IN RE JAY MCNEAL AND RAUL H. LOYA, Relators

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 23, 2014

Citations

No. 05-14-00911-CV (Tex. App. Jul. 23, 2014)