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In re Perry

Court of Appeals Fifth District of Texas at Dallas
Dec 27, 2017
No. 05-17-01415-CV (Tex. App. Dec. 27, 2017)

Opinion

No. 05-17-01415-CV

12-27-2017

IN RE DICKSON D. PERRY, Relator


Original Proceeding from the 162nd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-17-13275

MEMORANDUM OPINION

Before Justices Bridges, Fillmore, and Schenck
Opinion by Justice Schenck

Before the Court is relator's petition for writ of mandamus in which relator seeks review of the trial court's denial of relator's motion to compel advancement of litigation expenses. 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). Based on the record before us, we conclude relator has not shown the trial court clearly abused its discretion. Accordingly, we deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought). We express no opinion on whether relator has an adequate appellate remedy.

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE 171415F.P05


Summaries of

In re Perry

Court of Appeals Fifth District of Texas at Dallas
Dec 27, 2017
No. 05-17-01415-CV (Tex. App. Dec. 27, 2017)
Case details for

In re Perry

Case Details

Full title:IN RE DICKSON D. PERRY, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 27, 2017

Citations

No. 05-17-01415-CV (Tex. App. Dec. 27, 2017)