in Re Robert Garza ( 2018 )

DENY; and Opinion Filed July 25, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00816-CV
IN RE ROBERT GARZA, Relator
Original Proceeding from the 469th Judicial District Court
Collin County, Texas
Trial Court Cause No. 469-50355-2013
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Fillmore
In this original proceeding, relator seeks a writ of mandamus directing the trial court to
vacate its order denying relator’s motion to disqualify the real party in interest’s counsel and to
issue an order granting the motion. 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 that the trial court 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).
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
180816F.P05