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In re Merlo

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2022
No. 05-22-00645-CV (Tex. App. Aug. 9, 2022)

Opinion

05-22-00645-CV

08-09-2022

IN RE KENDALL MERLO, Relator


Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-18-03799-2

Before Justices Molberg, Pedersen, III, and Garcia

MEMORANDUM OPINION

DENNISE GARCIA JUSTICE

In this original proceeding, relator Kendall Merlo asks this Court for a petition for writ of mandamus ordering the probate court to vacate its May 10, 2022 Order Appointing Guardian ad Litem and its June 10, 2022 combined Order Denying the Motion to Set Aside Order Appointing Guardian ad Litem and Amended Order Appointing Guardian ad Litem and Expanding Powers. Before the Court is also relator's Motion to Consolidate Petition for Writ of Mandamus with Related Appeal (Motion to Consolidate).

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 and record, we conclude that relator has failed to demonstrate a clear abuse of discretion.

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). We also deny the Motion to Consolidate as moot.


Summaries of

In re Merlo

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2022
No. 05-22-00645-CV (Tex. App. Aug. 9, 2022)
Case details for

In re Merlo

Case Details

Full title:IN RE KENDALL MERLO, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 9, 2022

Citations

No. 05-22-00645-CV (Tex. App. Aug. 9, 2022)