in Re: Kenneth B. Chaiken ( 2020 )

Deny and Opinion Filed March 30, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00267-CV
IN RE KENNETH B. CHAIKEN, Relator
Original Proceeding from the 416th Judicial District Court
Collin County, Texas
Trial Court Cause No. 416-04054-2015
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Osborne, and Justice Reichek
Opinion by Chief Justice Burns
Before the Court is relator’s February 27, 2020 petition for writ of mandamus
in which he contends that the trial court abused its discretion by ordering the post-
judgment release of registry funds to the real party in interest. Relator’s record does
not comply with the requirements for filing a petition for mandamus. See TEX. R.
APP. P. 52.7. Further, entitlement to mandamus relief requires relator to 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 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 D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
200267F.P05
–2–