Opinion
No. 04-08-00389-CV
Delivered and Filed: June 25, 2008.
This proceeding arises out of Cause No. 2008-CI-01376, styled Raymond Daniels v. Clifton McGarity, Jr., pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable Barbara Nellermoe presiding.
Petition for Writ of Mandamus Denied.
Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.
MEMORANDUM OPINION
Relator Clifton McGarity, Jr. petitions for a writ of mandamus directing the trial court to vacate its "judgment/order" dated May 22, 2008 in the underlying suit to remove a cloud on title. To justify relief by mandamus, a relator must demonstrate he has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (stating requirements for mandamus relief). The order in question is final and appealable and thus McGarity is not entitled to mandamus relief. Accordingly, the petition for a writ of mandamus is denied. Tex. R. App. P. 52.8(a).