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In re Abbott

Court of Appeals of Texas, Fifth District, Dallas
Aug 13, 2021
No. 05-21-00687-CV (Tex. App. Aug. 13, 2021)

Opinion

05-21-00687-CV

08-13-2021

IN RE GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF TEXAS, Relator


Original Proceeding from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-10101

Before Justices Osborne, Pedersen, III, and Goldstein.

MEMORANDUM OPINION

BONNIE LEE GOLDSTEIN JUSTICE.

Relator Governor Greg Abbott's August 11, 2021 petition for writ of mandamus challenges the trial court's temporary restraining order enjoining certain portions of Executive Order GA-38. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition, real party in interest's response, relator's reply, and the record before us, we conclude that relator has failed to show his entitlement to the relief requested. In doing so, we found the reasoning in the dissenting opinion of State v. El Paso County, 618 S.W.3d 812 (Tex. App.-El Paso 2020, no pet.), persuasive. In particular, applying the plain language of the Texas Disaster Act, we conclude Judge Jenkins demonstrated a probable right to relief that the Governor's power to suspend certain laws and rules under section 418.016(a) does not include the power to suspend the Act's grant of authority to mayors and county judges to declare and manage local disasters under section 418.108. See Tex. Gov't Code §§ 418.001-.261. Accordingly, we deny the petition for writ of mandamus. Having denied the petition, we also deny relator's emergency motion for temporary relief as moot.


Summaries of

In re Abbott

Court of Appeals of Texas, Fifth District, Dallas
Aug 13, 2021
No. 05-21-00687-CV (Tex. App. Aug. 13, 2021)
Case details for

In re Abbott

Case Details

Full title:IN RE GREG ABBOTT, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF THE STATE OF…

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

Date published: Aug 13, 2021

Citations

No. 05-21-00687-CV (Tex. App. Aug. 13, 2021)