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In re Falkiner

Court of Appeals Fifth District of Texas at Dallas
Nov 27, 2018
No. 05-18-01365-CV (Tex. App. Nov. 27, 2018)

Opinion

No. 05-18-01365-CV

11-27-2018

IN RE ALEIDA FALKINER AND JOHN HARVEY, Relators


Original Proceeding from the Probate Court No. 1 Dallas County, Texas
Trial Court Cause No. PR-14-04331-1

MEMORANDUM OPINION

Before Justices Bridges, Brown, and Boatright
Opinion by Justice Bridges

In this original proceeding, relators seek a writ of mandamus directing the trial court to vacate its severance order that bifurcates the parties' claims for two trials. 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 relators have not shown they are entitled to the relief requested. Accordingly, we deny relators' petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE 181365F.P05


Summaries of

In re Falkiner

Court of Appeals Fifth District of Texas at Dallas
Nov 27, 2018
No. 05-18-01365-CV (Tex. App. Nov. 27, 2018)
Case details for

In re Falkiner

Case Details

Full title:IN RE ALEIDA FALKINER AND JOHN HARVEY, Relators

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 27, 2018

Citations

No. 05-18-01365-CV (Tex. App. Nov. 27, 2018)