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In re State Farm Mut. Auto. Ins. Co.

Court of Appeals of Texas, Fifth District, Dallas
Jun 7, 2023
No. 05-23-00527-CV (Tex. App. Jun. 7, 2023)

Opinion

05-23-00527-CV

06-07-2023

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TODD JOSEPH DAUPER, Relators


Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-23-00225-D

Before Justices Pedersen, III, Nowell, and Miskel

MEMORANDUM OPINION

EMILY MISKEL JUSTICE

In their May 30, 2023 petition for writ of mandamus, relators seek relief from the trial court's denial of their motion for abatement.

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

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). Having denied the petition, we also deny relators' motion for temporary relief as moot.


Summaries of

In re State Farm Mut. Auto. Ins. Co.

Court of Appeals of Texas, Fifth District, Dallas
Jun 7, 2023
No. 05-23-00527-CV (Tex. App. Jun. 7, 2023)
Case details for

In re State Farm Mut. Auto. Ins. Co.

Case Details

Full title:IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TODD JOSEPH…

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

Date published: Jun 7, 2023

Citations

No. 05-23-00527-CV (Tex. App. Jun. 7, 2023)