From Casetext: Smarter Legal Research

In re Dondero

Court of Appeals Fifth District of Texas at Dallas
Jul 23, 2014
No. 05-14-00897-CV (Tex. App. Jul. 23, 2014)

Opinion

No. 05-14-00897-CV

07-23-2014

IN RE JAMES DONDERO, Relator


Deny and Opinion Filed July 23, 2014

Original Proceeding from the 256th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-11-16417


MEMORANDUM OPINION


Before Justices FitzGerald, Francis, and Lewis

Opinion by Justice Francis

Relator filed this petition for writ of mandamus requesting that the Court order the trial court to vacate its June 13, 2014 "Order on Motion for Appointment of Financial Professional." He also sought an emergency stay of the trial court's order.

Mandamus is an extraordinary remedy that is available only in limited circumstances. CSR Ltd. v. Link, 925 S.W.2d 591, 596 (Tex. 1996) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992) (orig. proceeding)). Mandamus is appropriate "only to correct a clear abuse of discretion or the violation of a duty imposed by law when there is no other adequate remedy by law." Id. Ordinarily, to obtain 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); Walker, 827 S.W.2d at 839.

Relator has failed to establish that he is entitled to relief under this standard. TEX. R. APP. P. 52.8(a). We DENY the petition for writ of mandamus. 140897F.P05

__________

MOLLY FRANCIS

JUSTICE


Summaries of

In re Dondero

Court of Appeals Fifth District of Texas at Dallas
Jul 23, 2014
No. 05-14-00897-CV (Tex. App. Jul. 23, 2014)
Case details for

In re Dondero

Case Details

Full title:IN RE JAMES DONDERO, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 23, 2014

Citations

No. 05-14-00897-CV (Tex. App. Jul. 23, 2014)