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In re Cooper

Court of Appeals of Texas, Fifth District, Dallas
Apr 26, 2022
No. 05-21-00813-CV (Tex. App. Apr. 26, 2022)

Opinion

05-21-00813-CV

04-26-2022

IN RE TERESA WARD COOPER, Relator


Original Proceeding from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-00556-2021

Before Justices Schenck, Nowell, and Garcia

MEMORANDUM OPINION

ERIN A. NOWELL JUSTICE

In this original proceeding, relator challenges the trial court's refusal to rule on her "Application for Peremptory Writ of Mandamus, and For Appointment of District Clerk Pro Tempore." Entitlement to mandamus relief requires relator to show that the trial court has clearly abused its discretion and that she has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

After reviewing the petition and the record, we conclude that relator has failed to show an abuse of discretion. See Tex. R. App. P. 52.8(a). Accordingly, we deny the petition for writ of mandamus, and we lift the stay issued by our September 22, 2021 order.

Also pending before the Court is relator's September 28, 2021 motion for contempt. Because we conclude that relator is not entitled to such relief, we deny the motion.


Summaries of

In re Cooper

Court of Appeals of Texas, Fifth District, Dallas
Apr 26, 2022
No. 05-21-00813-CV (Tex. App. Apr. 26, 2022)
Case details for

In re Cooper

Case Details

Full title:IN RE TERESA WARD COOPER, Relator

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

Date published: Apr 26, 2022

Citations

No. 05-21-00813-CV (Tex. App. Apr. 26, 2022)