Opinion
No. 04-15-00343-CV
06-10-2015
IN RE Reverend William RICE
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Rebeca C. Martinez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2014CV00379, styled Reverend William Rice v. City of San Antonio, Animal Care Services, pending in the County Court at Law No. 10, Bexar County, Texas, the Honorable Timothy Johnson presiding.
On June 3, 2015, relator filed a petition for writ of mandamus complaining of the trial court's denial of his request for a jury trial in the underlying appeal to county court from an administrative determination by Animal Care Services. See TEX. HEALTH & SAFETY CODE ANN. § 822.0421(b) (West 2010). Mandamus relief is only available if the relator establishes both a clear abuse of the trial court's discretion and the lack of an adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); see also In re Johnson, 238 S.W.3d 846, 848 (Tex. App.—El Paso 2007, orig. proceeding) (denying mandamus in proceeding challenging denial of jury trial because relator failed to show inadequate remedy by appeal). The court has considered relator's petition for writ of mandamus and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a).
PER CURIAM