In Re: Sherri Turner Appeal from County Court at Law No. 5 of Dallas County (memorandum opinion)
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Denied and Opinion Filed October 1, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01070-CV IN RE SHERRI TURNER, Relator Original Proceeding from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-15-06454-E MEMORANDUM OPINION Before Justices Lang, Myers, and Whitehill Opinion by Justice Myers In this original proceeding, relator seeks a writ of mandamus directing the trial court to vacate its order denying relator’s motion for new trial and to issue written orders granting the motion for new trial and dismissing the real party in interest’s claims. 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). We conclude relator has an adequate appellate remedy and is, therefore, not entitled to the relief requested. 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). 181070F.P05 /Lana Myers/ LANA MYERS JUSTICE
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