Opinion
No. 05-15-00987-CV
08-25-2015
IN RE HOWARD HOLLAND, Relator
Original Proceeding from the 422nd Judicial District Court Kaufman County, Texas
Trial Court Cause No. 93042-422
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Francis
Relator filed this petition for writ of mandamus requesting that the Court order the trial court to vacate its June 30, 2015 order dismissing his case. 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). Mandamus "is not a substitute for and cannot be used to perform the office of an appeal." In re State, No. 05-14-00572-CV, 2014 WL 2049545, at *1 (Tex. App.—Dallas May 15, 2014); see also In re Bernson, 254 S.W.3d 594, 596 (Tex. App.—Amarillo 2008, no pet.). Relator has an adequate remedy by appeal. We deny the petition. 150987F.P05
/Molly Francis/
MOLLY FRANCIS
JUSTICE