in Re: Terry Hancock ( 2022 )

DENIED and Opinion Filed December 1, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01152-CV
IN RE TERRY HANCOCK, Relator
Original Proceeding from the 196th Judicial District Court
Hunt County, Texas
Trial Court Cause No. 89417
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Partida-Kipness, and Justice Smith
Opinion by Justice Smith
Before the Court is relator’s October 26, 2022 petition for writ of mandamus.
Relator challenges the portion of the trial court’s October 13, 2022 Order of
Enforcement and Request for Receiver requiring relator to vacate premises at or
before 5:00 p.m. on or before October 16, 2022. Also before the Court is relator’s
October 26, 2022 Emergency Motion to Stay.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy. In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). After reviewing relator’s petition and record, we conclude that relator
has failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a). We also deny relator’s emergency motion to stay as moot.
/Craig Smith/
CRAIG SMITH
JUSTICE
221152F.P05
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