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In re Nixon

Court of Appeals Fifth District of Texas at Dallas
Jul 19, 2016
No. 05-16-00762-CV (Tex. App. Jul. 19, 2016)

Opinion

No. 05-16-00762-CV

07-19-2016

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 Bridges, Myers, and Schenck
Opinion by Justice Schenck

Relator filed this petition for writ of mandamus complaining of the trial court's order denying a jury trial on Relator's bill of review. 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); In re Gore, 05-15-01426-CV, 2015 WL 7731780, at *1 (Tex. App.—Dallas Dec. 1, 2015, orig. proceeding). We cannot conclude that relator has demonstrated that he is entitled to relief.

We deny the petition.

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE 160762F.P05


Summaries of

In re Nixon

Court of Appeals Fifth District of Texas at Dallas
Jul 19, 2016
No. 05-16-00762-CV (Tex. App. Jul. 19, 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: Jul 19, 2016

Citations

No. 05-16-00762-CV (Tex. App. Jul. 19, 2016)