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In re Farmers Tex. Cnty. Mut. Ins. Co.

Court of Appeals Fifth District of Texas at Dallas
Jul 19, 2018
No. 05-18-00796-CV (Tex. App. Jul. 19, 2018)

Opinion

No. 05-18-00796-CV

07-19-2018

IN RE FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY AND ANGELA NIKLES, Relators


Original Proceeding from the County Court at Law No. 2 Dallas County, Texas
Trial Court Cause No. CC-18-01339-B

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Stoddart

Before the Court is relators' petition for writ of mandamus in which they complain of the trial court's order denying relators' Rule 91a motion to dismiss. 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 a clear abuse of discretion. Accordingly, we deny relators' 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).

/Craig Stoddart/

CRAIG STODDART

JUSTICE 180796F.P05


Summaries of

In re Farmers Tex. Cnty. Mut. Ins. Co.

Court of Appeals Fifth District of Texas at Dallas
Jul 19, 2018
No. 05-18-00796-CV (Tex. App. Jul. 19, 2018)
Case details for

In re Farmers Tex. Cnty. Mut. Ins. Co.

Case Details

Full title:IN RE FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY AND ANGELA NIKLES…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 19, 2018

Citations

No. 05-18-00796-CV (Tex. App. Jul. 19, 2018)