From Casetext: Smarter Legal Research

In re Barnes

Court of Appeals of Texas, Fifth District, Dallas
Feb 1, 2022
No. 05-22-00086-CV (Tex. App. Feb. 1, 2022)

Opinion

05-22-00086-CV

02-01-2022

IN RE DAVID BARNES, Relator


Original Proceeding from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-11-11126

Before Justices Schenck, Reichek, and Carlyle.

MEMORANDUM OPINION

AMANDA L. REICHEK JUSTICE.

In this original proceeding, relator challenges the trial court's January 25, 2022 order imposing monetary sanctions. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

We conclude relator has failed to show that he lacks an adequate remedy by appeal. See Braden v. Downey, 811 S.W.2d 922, 928 (Tex. 1991) (orig. proceeding) (observing that improper monetary sanctions orders can typically be rectified on appeal). Accordingly, we deny the petition for writ of mandamus. Having denied the petition, we also deny relator's emergency motion for temporary relief as moot. 1

Also before the court is relator's motion to seal court records. We grant the motion and direct the Clerk of the Court to place relator's January 31, 2022 petition for writ of mandamus and the accompanying mandamus record under seal. 2


Summaries of

In re Barnes

Court of Appeals of Texas, Fifth District, Dallas
Feb 1, 2022
No. 05-22-00086-CV (Tex. App. Feb. 1, 2022)
Case details for

In re Barnes

Case Details

Full title:IN RE DAVID BARNES, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 1, 2022

Citations

No. 05-22-00086-CV (Tex. App. Feb. 1, 2022)