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In re Barone

Court of Appeals Fifth District of Texas at Dallas
Oct 28, 2019
No. 05-19-00792-CV (Tex. App. Oct. 28, 2019)

Opinion

No. 05-19-00792-CV

10-28-2019

IN RE ROGER BARONE, Relator


Original Proceeding from the 380th Judicial District Court Collin County, Texas
Trial Court Cause No. 380-50207-2019

MEMORANDUM OPINION

Before Justices Bridges, Osborne, and Carlyle
Opinion by Justice Carlyle

Before the Court is relator's July 2, 2019 petition for writ of mandamus and real party in interest's September 3, 2019 reply. In his petition, relator requests this Court to set aside the trial court's February 11, 2019 temporary orders and vacate the trial court's May 29, 2019 contempt order. To be entitled to mandamus relief, relator must show both that the trial court has clearly abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing the petition, mandamus record, and response, we conclude relator has failed to show 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 relator is not entitled to the relief sought).

/Cory L. Carlyle/

CORY L. CARLYLE

JUSTICE 190792F.P05


Summaries of

In re Barone

Court of Appeals Fifth District of Texas at Dallas
Oct 28, 2019
No. 05-19-00792-CV (Tex. App. Oct. 28, 2019)
Case details for

In re Barone

Case Details

Full title:IN RE ROGER BARONE, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 28, 2019

Citations

No. 05-19-00792-CV (Tex. App. Oct. 28, 2019)