In Re: Michael J. Harvey III Appeal from Probate Court No. 1 of Dallas County (memorandum opinion)

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Denied and Opinion Filed December 28, 2017 In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01197-CV IN RE MICHAEL J. HARVEY III, Relator Original Proceeding from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-14-04331-1 MEMORANDUM OPINION Before Justices Lang, Brown, and Stoddart Opinion by Justice Lang In this original proceeding, relator complains of the trial court’s denial of relator’s motion in limine regarding the standing of the real parties in interest. 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 Holcomb v. Holcomb, 803 S.W.2d 411, 413–14 (Tex. App.— Dallas 1991, writ denied). 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). 171197F.P05 /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

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