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in Re: Charles Harley on Behalf of the Estate of Nellie Peele and on Behalf of All Wrongful Death Beneficiaries
05-17-00077-CV
| Tex. App. | Feb 10, 2017
|
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*1 DENY; and Opinion Filed February 10, 2017.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00077-CV IN RE CHARLES HARLEY ON BEHALF OF THE ESTATE OF NELLIE PEELE AND ON BEHALF OF ALL WRONGFUL DEATH BENEFICIARIES, Relator Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-02641 MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Schenck Opinion by Justice Schenck Before the Court is relator’s January 24, 2017 petition for writ of mandamus in which relator seeks review of the trial court’s order denying relator’s motion to compel certain discovery.

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. See T EX . R. A PP . P. 52.8(a); Walker v. Packer , 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we deny relator’s January 24, 2017 petition for writ of mandamus.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE 170077F.P05

Case Details

Case Name: in Re: Charles Harley on Behalf of the Estate of Nellie Peele and on Behalf of All Wrongful Death Beneficiaries
Court Name: Court of Appeals of Texas
Date Published: Feb 10, 2017
Docket Number: 05-17-00077-CV
Court Abbreviation: Tex. App.
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