In re Patrick John Dertien

Summary

The Thirteenth Court of Appeals of Texas denied Patrick John Dertien’s pro se petition for a writ of mandamus challenging temporary orders requiring him to pay attorney’s fees pending appeal. The court held that he did not meet his burden to establish entitlement to mandamus relief and lifted the previously imposed stay.

Holdings

1. Mandamus relief was denied because relator failed to meet his burden to establish both a clear abuse of discretion by the trial court and the absence of an adequate remedy by appeal.

Questions Presented

1. Whether the trial court clearly abused its discretion by ordering relator to pay attorney’s fees as part of temporary orders pending appeal.
2. Whether relator lacked an adequate remedy by appeal and therefore was entitled to mandamus relief.

Disposition

writ_denied