In Re: Richard J. Malouf, D.D.S. Appeal from 14th Judicial District Court of Dallas County (memorandum opinion )
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DENY; and Opinion Filed November 14, 2016. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01304-CV IN RE RICHARD J. MALOUF, D.D.S., Relator Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-14712 MEMORANDUM OPINION Before Justices Francis, Lang, and Stoddart Opinion by Justice Lang Before the Court is relator’s November 3, 2016 petition for writ of mandamus in which he seeks review of the trial court’s order striking relator’s jury demand. The facts and issues are well known to the parties, so we need not recount them herein. To be entitled to 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). Based on the record before us, we conclude relator has not shown he is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); see also Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relator’s petition for writ of mandamus. /s/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE 161304F.P05
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