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In re All Saints Care Injury & Rehab. Clinic, Inc.

Court of Appeals of Texas, Fifth District, Dallas
Aug 27, 2021
No. 05-21-00223-CV (Tex. App. Aug. 27, 2021)

Opinion

05-21-00223-CV

08-27-2021

IN RE ALL SAINTS CARE INJURY AND REHABILITATION CLINIC, INC. AND JACKSON C. EHIOGUH, Relators


Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-14060

Before Justices Osborne, Pedersen, III, and Goldstein

MEMORANDUM OPINION

BILL PEDERSEN, III JUSTICE

In their April 7, 2021 petition for writ of mandamus, relators challenge the trial court's February 2, 2021 order granting real party Chase's motion to strike relators' jury demand. Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack 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, relators' reply, and the record before us, we conclude that relators have failed to demonstrate an abuse of discretion. Accordingly, we deny the petition for writ of mandamus.


Summaries of

In re All Saints Care Injury & Rehab. Clinic, Inc.

Court of Appeals of Texas, Fifth District, Dallas
Aug 27, 2021
No. 05-21-00223-CV (Tex. App. Aug. 27, 2021)
Case details for

In re All Saints Care Injury & Rehab. Clinic, Inc.

Case Details

Full title:IN RE ALL SAINTS CARE INJURY AND REHABILITATION CLINIC, INC. AND JACKSON…

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

Date published: Aug 27, 2021

Citations

No. 05-21-00223-CV (Tex. App. Aug. 27, 2021)