In Re: Todd Sayles Appeal from 162nd Judicial District Court of Dallas County (memorandum opinion)

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DENY and Opinion Filed September 7, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00801-CV IN RE TODD SAYLES, Relator Original Proceeding from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-17366 MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Myers In this original proceeding, relator Todd Sayles seeks a writ of mandamus compelling the trial court to (1) reverse the dismissal of his causes of action and claims for want of prosecution with prejudice and (2) vacate the order striking his answer and counterclaim. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition and the record before us, we conclude that relator has failed to demonstrate his entitlement to the relief requested. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny relator’s motion for temporary relief as moot. 220801f.p05 /Lana Myers// LANA MYERS JUSTICE –2–

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