In re Robert Anding and Roberta Anding Appeal from 126th District Court of Travis County (memorandum opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-18-00315-CV In re Robert Anding and Roberta Anding ORIGINAL PROCEEDING FROM TRAVIS COUNTY MEMORANDUM OPINION Relators Robert and Roberta Anding filed a petition for writ of mandamus asking this Court to direct the district court to vacate its dismissal for lack of jurisdiction the Andings’ petition for writ of mandamus in the district court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.1. Having reviewed the petition and the record, we deny the petition because the Andings have failed to demonstrate that they have no adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (holding that relator must show both trial court’s abuse of discretion and that relator has no adequate remedy by appeal to be entitled to mandamus relief); see also Tex. R. App. P. 52.8(a) (requiring court to deny petition if court determines that relator is not entitled to relief sought). We express no opinion on the merits. ________________________________________ Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Pemberton and Field Filed: August 31, 2018
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