Opinion
No. 05-09-00231-CV
Opinion issued April 21, 2009.
Original Proceeding from the Probate Court No. 3, Dallas County, Texas, Trial Court Cause No. 06-2267-3.
Before Justices MOSELEY, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
The Court has before it relator's petition for writ of mandamus. Relator contends the trial judge erred in not acting on his Application to Determine Heirship. The facts of this original proceeding are known to the parties, so we do not recite them here. Further, because all dispositive issues are clearly settled in law, we issue this memorandum opinion and order pursuant to Rule 52.8 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.8(d). Based on the record before us, we agree that the trial court abused its discretion and that relator has no adequate remedy at law. See In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).
Accordingly, we conditionally grant relator's petition for writ of mandamus. A writ will issue only in the event the trial court fails to hold a hearing on relator's Application to Determine Heirship and to allow relator to meaningfully participate in that hearing.