in Re Yuji Christopher Inoue ( 2020 )

Denied and Opinion Filed February 27, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01170-CV
IN RE YUJI CHRISTOPHER INOUE, Relator
Original Proceeding from the 193rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-09928
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Pedersen, III
Relator Yuji Christopher Inoue filed this petition for a writ of mandamus challenging the
trial court’s July 24, 2019 order granting real party in interest’s motion to strike the section 18.001
counteraffidavit of Robert Nocerini. 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). After
reviewing the petition for writ of mandamus and mandamus record, we conclude relator has failed
to show his remedy by appeal is inadequate. See In re Jeremiah Parks, No. 05-19-00375-CV, slip
op. at 5 (Tex. App—Dallas Feb. 18, 2020, orig. proceeding) (mem. op.); In re Flores, No. 01-19-
00484-CV, 2020 WL 425297, at *1–2 (Tex. App.—Houston [1st Dist.] Jan. 28, 2020, orig.
proceeding).
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).
BILL PEDERSEN. III
JUSTICE
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