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In re Collins

Court of Appeals Fifth District of Texas at Dallas
May 11, 2017
No. 05-17-00399-CV (Tex. App. May. 11, 2017)

Opinion

No. 05-17-00399-CV

05-11-2017

IN RE DIANE COLLINS, Relator


Original Proceeding from the 417th Judicial District Court Collin County, Texas
Trial Court Cause No. 417-52004-2015

MEMORANDUM OPINION

Before Justices Lang-Miers, Myers, and Boatright
Opinion by Justice Lang-Miers

Before the Court is relator's April 20, 2017 petition for writ of mandamus in which she complains of the trial court's March 3, 2017 "Order on Motion to Determine Burden of Proof and Motion for Declaratory Judgment." To be entitled to mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relator has not shown she is entitled to the relief requested. Accordingly, we deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE 170399F.P05


Summaries of

In re Collins

Court of Appeals Fifth District of Texas at Dallas
May 11, 2017
No. 05-17-00399-CV (Tex. App. May. 11, 2017)
Case details for

In re Collins

Case Details

Full title:IN RE DIANE COLLINS, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 11, 2017

Citations

No. 05-17-00399-CV (Tex. App. May. 11, 2017)