In Re: Lance Gurley Appeal from 44th Judicial District Court of Dallas County (memorandum opinion)
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Denied and Opinion Filed October 18, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01118-CV IN RE LANCE GURLEY, Relator Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-08070 MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Pedersen, III Relator filed this petition for writ of mandamus and emergency motion to stay asserting that the trial court abused its discretion in granting real parties in interest’s motion to expunge a lis pendens relator filed against their real property. We stayed the trial court’s September 13, 2019 order granting the motion to expunge the lis pendens pending our disposition of the mandamus petition. On our request, real parties filed a response to the mandamus petition. To be entitled to mandamus relief, relators must show both that the trial court has clearly abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition for writ of mandamus, the response filed by real parties, and the applicable law, we conclude relator has not shown he is entitled to the relief requested. Accordingly, we deny relator’s petition for writ of mandamus and lift our stay of the trial court’s order. 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// BILL PEDERSEN. III JUSTICE 191118f.p05 –2–
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