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In re Banigan

Court of Appeals of Texas, Fifth District, Dallas
Mar 12, 2024
No. 05-23-01289-CV (Tex. App. Mar. 12, 2024)

Opinion

05-23-01289-CV

03-12-2024

IN RE CYNTHIA BANIGAN, AS A BENEFICIARY OF THE 2008 MICHAEL H. BANIGAN FAMILY DELAWARE TRUST AND THE CYNTHIA LYNN BANIGAN 2523 TRUST AND AS NEXT FRIEND FOR FINN BANIGAN, Relator


Original Proceeding from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-23-02161-1

Before Justices Pedersen, III, Nowell, and Miskel

MEMORANDUM OPINION

ERIN A. NOWELL, JUSTICE

In her December 19, 2023 petition for writ of mandamus, relator seeks relief from a trial court's order transferring venue.

Entitlement to mandamus relief requires a relator to show that the trial court clearly abused its discretion and that the 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 Banigan

Court of Appeals of Texas, Fifth District, Dallas
Mar 12, 2024
No. 05-23-01289-CV (Tex. App. Mar. 12, 2024)
Case details for

In re Banigan

Case Details

Full title:IN RE CYNTHIA BANIGAN, AS A BENEFICIARY OF THE 2008 MICHAEL H. BANIGAN…

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

Date published: Mar 12, 2024

Citations

No. 05-23-01289-CV (Tex. App. Mar. 12, 2024)