In Re: Howard Holland Appeal from 422nd Judicial District Court of Kaufman County (memorandum opinion )
Annotate this Case
Download PDF
Deny and Opinion Filed August 25, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00987-CV IN RE HOWARD HOLLAND, Relator Original Proceeding from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 93042-422 MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Francis Relator filed this petition for writ of mandamus requesting that the Court order the trial court to vacate its June 30, 2015 order dismissing his case. Ordinarily, to obtain 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). Mandamus “is not a substitute for and cannot be used to perform the office of an appeal.” In re State, No. 05–14–00572–CV, 2014 WL 2049545, at *1 (Tex. App.—Dallas May 15, 2014); see also In re Bernson, 254 S.W.3d 594, 596 (Tex. App.— Amarillo 2008, no pet.). Relator has an adequate remedy by appeal. We deny the petition. 150987F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
