in Re Falilu Ojugbele, Individually and as NSF of A.O., a Minor F.O. a Minor and F.O., a Minor ( 2020 )

Opinion issued April 28, 2020
In The
Court of Appeals
For The
First District of Texas
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NO. 01-20-00259-CV
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IN RE FALILU OJUGBELE, INDIVIDUALLY AND AS NEXT FRIEND
OF A.O., F.O., AND F.O., MINORS, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator, Falilu Ojugbele, individually and as next friend of A.O., F.O., and
F.O., minors, has filed a petition for a writ of mandamus, challenging the trial court’s
order denying his motion for summary judgment.1
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The underlying case is Falilu Ojugbele, individually and as next friend of A.O., a
minor, F.O., a minor, and F.O., a minor v. Faithland Healthcare & Rehab Inc. aka
Advanced Medical and Rehab Center, Cause No. 19-DCV-263455, pending in the
240th District Court of Fort Bend County, Texas, the Honorable Frank J. Fraley
presiding.
Relator has an adequate remedy by appeal. See In re State Farm Lloyds, No.
13-16-00049-CV, 2016 WL 902864, at *3 (Tex. App.—Corpus Christi Mar. 9, 2016,
orig. proceeding) (mem. op.) (“Deferring review of the trial court’s order denying
summary judgment until after the rendition of a final judgment in this case will not
skew the proceedings, potentially affect the outcome of the litigation, or compromise
the presentation of relator’s defense in ways unlikely to be apparent in the appellate
record.”) (citing In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 136 (Tex. 2004)
(orig. proceeding)). Mandamus relief, therefore, is not appropriate.
The petition for writ of mandamus is denied.
PER CURIAM
Panel consists of Justices Keyes, Lloyd, and Hightower.
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