Opinion
No. 05-17-00386-CV
04-20-2017
IN RE KEN ALBRECHT, Relator
Original Proceeding from the 219th Judicial District Court Collin County, Texas
Trial Court Cause No. 219-04393-2016
MEMORANDUM OPINION
Before Justices Francis, Myers, and Boatright
Opinion by Justice Boatright
Before the Court is relator's April 18, 2017 petition for writ of mandamus in which he complains that the trial court denied his "motion for protective order staying discovery" in which he sought a stay of all discovery, including his deposition, pending resolution of his motion for partial summary judgment.
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); CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding). Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. Accordingly, we DENY relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines the relator is not entitled to the relief sought).
/Jason Boatright/
JASON BOATRIGHT
JUSTICE 170386F.P05