In Re: Philip J. Romano Appeal from County Court at Law No. 2 of Dallas County (memorandum opinion)

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Denied and Opinion Filed August 31, 2017 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01019-CV IN RE PHILIP J. ROMANO, Relator Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-16-03169-B MEMORANDUM OPINION Before Justices Lang, Myers, and Boatright Opinion by Justice Lang In this original proceeding, relator complains of the trial court’s denial of relator’s motion for independent medical examination of the plaintiff in the underlying case. 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 that the trial court clearly abused its discretion in denying the motion. Accordingly, we deny relator’s petition for writ of mandamus. 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). 171019F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

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