Opinion
No. 05-15-00436-CV
04-15-2015
IN RE CHARLES HENSLEY MITCHELL, Relator
On Appeal from the 68th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-11-14792
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Schenck
In this petition for writ of mandamus relator contends the trial court violated a ministerial duty by failing to invalidate a durable power of attorney, which he contends was not signed before a notary. Relator raised a similar argument on direct appeal. See Mitchell v. Houston, No. 05-13-00618-CV, 2015 WL 544117, at *1 (Tex. App.—Dallas Feb. 10, 2015). We affirmed the trial court's judgment concluding relator had not preserved the issue for review.
A writ of mandamus is not a substitute for an appeal. In re Bernson, 254 S.W.3d 594, 596 (Tex. App.—Amarillo 2008, no pet.). Mandamus is an appropriate remedy only where appeal does not provide an adequate means for asserting the relator's claims. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). This is not such a situation.
We deny the petition.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
150436F.P05