No expungement then, no expungement now.
July 18, 2017The appellant in In the Interest of BTG, acknowledging that an order denying the expungement of a lis pendens is not ordinarily appealable, attempted to rely on the Fifth Court’s standard language denying an earlier writ of mandamus. He contended that it granted him an appeal right by agreeing that he had an adequate remedy by direct appeal. ” Appellant, however, misstates our conclusion. In denying the petition, we stated he had ‘not shown he is entitled to the relief requested,’ a burden requiring he show not only that he has no adequate appellate remedy but also that the trial court clearly abused its discretion.” No. 05-17-00465-CV (July 13, 2017) (mem. op.)