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