In Re: Sam Tamborello Appeal from 160th Judicial District Court of Dallas County (memorandum opinion)
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Denied and Opinion Filed November 21, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01407-CV IN RE SAM TAMBORELLO, Relator Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-06613 MEMORANDUM OPINION Before Justices Myers, Molberg, and Nowell Opinion by Justice Nowell Before the Court is relator’s petition for writ of mandamus by which he contends the trial court erred in granting respondent’s rule 91a motion to dismiss pursuant to which all of relator’s claims against respondent were dismissed, and, in granting respondent’s motion to sever all of plaintiff’s claims against respondent from the remainder of the claims pending below against a different defendant. Entitlement to mandamus relief requires relator to 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). After reviewing the petition and the mandamus record, we conclude relator has not shown he is 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). /Erin A. Nowell/ ERIN A. NOWELL JUSTICE 191407F.P05 2
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