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In re Nixon

Court of Appeals Fifth District of Texas at Dallas
May 10, 2016
No. 05-16-00525-CV (Tex. App. May. 10, 2016)

Opinion

No. 05-16-00525-CV

05-10-2016

IN RE TRACY NIXON, Relator


Original Proceeding from the 301st Judicial District Court Dallas County, Texas
Trial Court Cause No. DF-16-01234

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Schenck
Opinion by Justice Lang-Miers

Relator filed this petition for writ of mandamus complaining of various actions taken by the trial court as a consequence of its determination the relator is a vexatious litigant. Relator's petition for writ of mandamus does not comply with the rules of appellate procedure. See TEX. R. APP. P. 52.3(j), 52.3(k), 52.7(a)(1). Although these deficiencies alone constitute sufficient reason to deny mandamus relief, in the interest of judicial economy we address the petition.

Ordinarily, to be entitled to 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). We cannot conclude that relator has demonstrated that he is entitled to relief.

We deny the petition.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE 160525F.P05


Summaries of

In re Nixon

Court of Appeals Fifth District of Texas at Dallas
May 10, 2016
No. 05-16-00525-CV (Tex. App. May. 10, 2016)
Case details for

In re Nixon

Case Details

Full title:IN RE TRACY NIXON, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 10, 2016

Citations

No. 05-16-00525-CV (Tex. App. May. 10, 2016)