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In re Merritt

Court of Appeals Fifth District of Texas at Dallas
Apr 28, 2015
No. 05-15-00530-CV (Tex. App. Apr. 28, 2015)

Opinion

No. 05-15-00530-CV

04-28-2015

IN RE LOWELL MERRITT, Relator


Original Proceeding from the 296th Judicial District Court Collin County, Texas
Trial Court Cause No. 296-01387-2009

MEMORANDUM OPINION

Before Justices Francis, Myers, and Schenck
Opinion by Justice Myers

Before the Court is relator's petition for writ of mandamus is which he requests that the Court order the trial court to allow him to file a notice of appeal from the denial of a plea to the jurisdiction or, alternatively, to remand this case to McLennan County, Texas where the case was initially filed in 2009. 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). Relator has failed to establish a right to relief. We DENY the petition for writ of mandamus.

/Lana Myers/

LANA MYERS

JUSTICE
150530F.P05


Summaries of

In re Merritt

Court of Appeals Fifth District of Texas at Dallas
Apr 28, 2015
No. 05-15-00530-CV (Tex. App. Apr. 28, 2015)
Case details for

In re Merritt

Case Details

Full title:IN RE LOWELL MERRITT, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 28, 2015

Citations

No. 05-15-00530-CV (Tex. App. Apr. 28, 2015)