In Re: James L. Rowe Appeal from 304th Judicial District Court of Dallas County (memorandum opinion)
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Denied and Opinion Filed March 7, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00186-CV IN RE JAMES L. ROWE, Relator Original Proceeding from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-35928-W MEMORANDUM OPINION Before Justices Lang, Myers, and Whitehill Opinion by Justice Whitehill Before the Court is relator’s petition for writ of mandamus in which he complains that the trial court ruled on relator’s motion to reinstate without relator in attendance at the hearing and without first ruling on relator’s motion to appear by telephone for the hearing. 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. Relator has not shown the trial court abused its discretion. Further, relator has an adequate remedy by appeal. 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). /Bill Whitehill/ BILL WHITEHILL JUSTICE 180186F.P05 –2–
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