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In re Epps

Court of Appeals Fifth District of Texas at Dallas
Jul 15, 2016
No. 05-16-00798-CV (Tex. App. Jul. 15, 2016)

Opinion

No. 05-16-00798-CV

07-15-2016

IN RE DEBRA ARNITA EPPS, IRVING HOLDINGS, INC. D/B/A YELLOW CAB, AND HINES AUTO LLC, Relators


Original Proceeding from the 134th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-14-00843

MEMORANDUM OPINION

Before Justices Francis, Evans, and Stoddart
Opinion by Justice Stoddart

Before the Court is relators' petition for writ of mandamus in which they contend the trial court lacked jurisdiction to reinstate the underlying case. The facts and issues are well known to the parties, so we need not recount them here.

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 relators have not shown they are entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).

Accordingly, we DENY relators' petition for writ of mandamus.

/s/ Craig Stoddart

CRAIG STODDART

JUSTICE 160798F.P05


Summaries of

In re Epps

Court of Appeals Fifth District of Texas at Dallas
Jul 15, 2016
No. 05-16-00798-CV (Tex. App. Jul. 15, 2016)
Case details for

In re Epps

Case Details

Full title:IN RE DEBRA ARNITA EPPS, IRVING HOLDINGS, INC. D/B/A YELLOW CAB, AND HINES…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 15, 2016

Citations

No. 05-16-00798-CV (Tex. App. Jul. 15, 2016)