In Re: Barry Bray, as next friend for John Doe, a minor Appeal from 44th Judicial District Court of Dallas County (memorandum opinion )
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Denied and Opinion Filed November 4, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01307-CV IN RE BARRY BRAY, AS NEXT FRIEND FOR JOHN DOE, A MINOR, Relator On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-014201 MEMORANDUM OPINION Before Justices Lang, Brown, and Stoddart Opinion by Justice Brown Before the Court are relator’s November 4, 2016 petition for writ of mandamus and motion for expedited consideration or interim relief. 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 relators have not shown they are entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relator’s petition for writ of mandamus and we deny the motion as moot. /Ada Brown/ ADA BROWN JUSTICE 161307F.P05 –2–
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