IN RE: Kenn Thorpe

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Court of Appeals of Texas, Dallas.

IN RE: Kenn Thorpe, Relator

No. 05–16–00148–CV

Decided: February 25, 2016

Before Justices Bridges, Myers, and Whitehill


In this petition for writ of mandamus relator requests that the Court compel the trial court to order “the settlement of all accounts with the United States public policy money in the registry of the 192nd court.”  Relator's petition is not certified as required by the rules of appellate procedure and does not include a mandamus record.  Although these deficiencies alone constitute sufficient reason to deny mandamus relief, in the interest of judicial economy we address the petition.

Ordinarily, to obtain 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).  Mandamus is not a substitute for appeal.  In re Bernson, 254 S.W.3d 594, 596 (Tex.App.—Amarillo 2008, orig. proceeding).  Relator has not demonstrated that appeal is not an adequate remedy for any challenge he wishes to assert to the trial court's orders.

We deny the petition.

Opinion by Justice Whitehill

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