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In re Gains

State of Texas in the Fourteenth Court of Appeals
Aug 23, 2018
NO. 14-18-00738-CV (Tex. App. Aug. 23, 2018)

Opinion

NO. 14-18-00738-CV

08-23-2018

IN RE FREDRICK E. GAINS, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
333rd District Court Harris County, Texas
Trial Court Cause No. 2016-43418

MEMORANDUM OPINION

On August 23, 2018, relator Fredrick E. Gains filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Daryl Moore, presiding judge of the 333rd District Court of Harris County, to vacate his August 22, 2018 order denying relator's motion for continuance and accept relator's jury fee. Relator also filed a motion for emergency stay asking this court to stay the trial set for August 23, 2018.

With certain exceptions, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Relator has not shown that he is entitled to mandamus relief. We therefore deny relator's petition for writ of mandamus and motion for stay.

PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and Busby.


Summaries of

In re Gains

State of Texas in the Fourteenth Court of Appeals
Aug 23, 2018
NO. 14-18-00738-CV (Tex. App. Aug. 23, 2018)
Case details for

In re Gains

Case Details

Full title:IN RE FREDRICK E. GAINS, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Aug 23, 2018

Citations

NO. 14-18-00738-CV (Tex. App. Aug. 23, 2018)