In re Antonio M. Lacy

Summary

The Thirteenth Court of Appeals of Texas denied Antonio M. Lacy’s petition for writ of mandamus. The court held that Lacy failed to establish the absence of an adequate remedy by appeal because the challenged dismissal order had already been affirmed on direct appeal.

Holdings

1. A relator seeking mandamus relief must establish both that the trial court abused its discretion and that the relator lacks an adequate remedy by appeal.
2. A relator is not entitled to mandamus relief when the challenged order has already been affirmed on direct appeal and the relator therefore has not shown the absence of an adequate remedy by law.

Questions Presented

1. Whether Lacy was entitled to mandamus relief to set aside the order dismissing his Chapter 14 civil proceeding after that order had already been affirmed on direct appeal.
2. Whether Lacy established that he lacked an adequate remedy by appeal, as required for mandamus relief.

Disposition

writ_denied