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In re Davidson

Court of Appeals of Texas, Fifth District, Dallas
Sep 22, 2022
No. 05-22-00764-CV (Tex. App. Sep. 22, 2022)

Opinion

05-22-00764-CV

09-22-2022

IN RE STEVEN DAVIDSON, IN HIS CAPACITY AS TRUSTEE OF THE PETER DEMOORE TRUST, Relator


Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-21-02976-2

Before Justices Myers, Nowell, and Goldstein.

MEMORANDUM OPINION

ERIN A. NOWELL JUSTICE.

Before the Court is relator's August 4, 2022 petition seeking a writ of mandamus compelling the probate court to vacate its July 28, 2022 Interim Order Granting in Part and Denying in Part Plaintiff's Motion to Compel Trust Distributions to Pay Attorneys' Fees and Expenses.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re The 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). We also lift the stay issued by this Court's August 4, 2022 Order.


Summaries of

In re Davidson

Court of Appeals of Texas, Fifth District, Dallas
Sep 22, 2022
No. 05-22-00764-CV (Tex. App. Sep. 22, 2022)
Case details for

In re Davidson

Case Details

Full title:IN RE STEVEN DAVIDSON, IN HIS CAPACITY AS TRUSTEE OF THE PETER DEMOORE…

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

Date published: Sep 22, 2022

Citations

No. 05-22-00764-CV (Tex. App. Sep. 22, 2022)