In Re: Michael Wilson Appeal from County Court at Law No. 2 of Dallas County (memorandum opinion )
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Denied and Opinion Filed September 22, 2016 In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01100-CV IN RE: MICHAEL WILSON, Relator Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-15-05747-B MEMORANDUM OPINION Before Justices Bridges, Myers, and Whitehill Opinion by Justice Bridges Before the Court is relator’s September 16, 2016 petition for writ of mandamus in which he asks the Court to order the trial court to rule on real party in interest’s special exceptions and to issue findings of fact and conclusions of law as to the summary judgment granted against relator. To be entitled to mandamus relief, a relator must show that the trial court clearly abused its discretion and there is no adequate remedy on appeal. In re Prudential Insurance Company of America, 148 S.W.3d 124, 135–36 (Tex. 2004). Relator may raise the issues complained of in the direct appeal already pending before this Court in cause number 05-16-01093-CV and, therefore, has an adequate remedy on appeal. Accordingly, we DENY the petition for writ of 1 mandamus because relator has failed to demonstrate that he is entitled to mandamus relief. /David L. Bridges/ DAVID L. BRIDGES JUSTICE 161100F.P05 2
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