Opinion
05-22-00747-CV
09-01-2022
IN RE CHARLES STANLEY CHURCHWELL, JR., TRUSTEE OF THE CHRISTOPHER J. MERLO REVOCABLE TRUST, Relator
Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-03799-2
Before Justices Molberg, Pedersen, III, and Garcia
MEMORANDUM OPINION
DENNISE GARCIA JUSTICE
Before the Court is relator's August 1, 2022 Petition for Writ of Mandamus challenging the probate court's (1) May 10, 2022 Order Appointing Guardian ad Litem, (2) June 10, 2022 Order Denying the Motion to Set Aside Order Appointing Guardian ad Litem and Amended Order Appointing Guardian ad Litem and Expanding Powers, and (3) July 15, 2022 Order Granting Motion to Compel Statutory Accounting.
Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing relator's petition, real parties in interest's responses, and the record before us, we conclude that relator has failed to demonstrate entitlement to mandamus relief. See Tex. R. App. P. 52.8(a).
Accordingly, we deny the petition for writ of mandamus. We also lift the stay issued by this Court's August 22, 2022 Order.