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In re Nixon

Court of Appeals Fifth District of Texas at Dallas
Mar 3, 2021
No. 05-21-00096-CV (Tex. App. Mar. 3, 2021)

Opinion

No. 05-21-00096-CV

03-03-2021

IN RE TRACY NIXON, Relator


Original Proceeding from the 134th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-20-09145

MEMORANDUM OPINION

Before Justices Schenck, Nowell, and Garcia
Opinion by Justice Nowell

In his February 9, 2021 petition for writ of mandamus, relator challenges the trial court's partial summary judgment order dismissing claims against the insurance company. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

After reviewing the petition and record, we conclude that the petition is deficient, see TEX. R. APP. P. 52.3 and 52.7, and that, in any event, relator has an adequate appellate remedy, see In re Brown, No. 05-19-00877-CV, 2019 WL 3334622, *1 (Tex. App.—Dallas July 25, 2019) (mem. op.) (establishing that adequate appellate remedy exists for challenge to grant of partial summary judgment). Accordingly, we deny the petition for writ of mandamus.

/Erin A. Nowell/

ERIN A. NOWELL

JUSTICE 210096F.P05


Summaries of

In re Nixon

Court of Appeals Fifth District of Texas at Dallas
Mar 3, 2021
No. 05-21-00096-CV (Tex. App. Mar. 3, 2021)
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: Mar 3, 2021

Citations

No. 05-21-00096-CV (Tex. App. Mar. 3, 2021)