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In re Moos

Court of Appeals of Texas, Fifth District, Dallas
Aug 14, 2023
No. 05-23-00567-CV (Tex. App. Aug. 14, 2023)

Opinion

05-23-00567-CV

08-14-2023

IN RE DANIEL J. MOOS, Relator


Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-17668

Before Justices Reichek, Smith, and Kennedy

MEMORANDUM OPINION

NANCY KENNEDY JUSTICE

Before the Court is relator's June 7, 2023 petition for writ of mandamus. Relator asks this Court to compel the trial court to (1) vacate its May 12, 2023 order denying relator's motion to disburse funds from the registry of the court and (2) order that the interpleaded funds be immediately paid to relator.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing relator's petition and the record before us, we conclude that relator has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).


Summaries of

In re Moos

Court of Appeals of Texas, Fifth District, Dallas
Aug 14, 2023
No. 05-23-00567-CV (Tex. App. Aug. 14, 2023)
Case details for

In re Moos

Case Details

Full title:IN RE DANIEL J. MOOS, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 14, 2023

Citations

No. 05-23-00567-CV (Tex. App. Aug. 14, 2023)