In Re Sherry Rhodes Appeal from 382nd Judicial District Court of Rockwall County (memorandum opinion)

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Denied and Opinion Filed October 8, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00818-CV IN RE SHERRY RHODES, Relator Original Proceeding from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-09-843 MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Stoddart In this original proceeding, relator seeks a writ of mandamus directing the trial court to issue findings of fact and conclusions of law. To be entitled to mandamus relief, a relator must show that the trial court clearly abused its discretion and there is no adequate remedy on appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004). Relator may raise the issues complained of in the direct appeals already pending before this Court in cause numbers 0518-00163-CV and 05-18-00164-CV. Relator, therefore, has an adequate remedy on appeal. See In re Morgan, No. 08-16-00126-CV, 2016 WL 4013777, at *1 (Tex. App.—El Paso July 27, 2016, orig. proceeding) (mem. op.) (denying petition seeking writ directing trial court to file findings of fact and conclusions of law because relator could raise an issue in the direct appeal regarding the trial court's alleged failure to enter written findings and conclusions); see also In re Schindler Elevator Corp., No. 05-16-01172-CV, 2016 WL 5884943, at *1 (Tex. App.—Dallas Oct. 10, 2016, orig. proceeding) (mem. op.) (“relator has an adequate remedy by appeal because it can raise an issue on direct appeal regarding the trial court’s failure to make findings and conclusions”) (citing Morgan). Accordingly, we deny the petition for writ of mandamus because relator has failed to demonstrate that she is entitled to mandamus relief. /Craig Stoddart/ CRAIG STODDART JUSTICE 180818F.P05 –2–