From Casetext: Smarter Legal Research

In re Fischer

Court of Appeals of Texas, Fifth District, Dallas
Sep 20, 2022
No. 05-22-00787-CV (Tex. App. Sep. 20, 2022)

Opinion

05-22-00787-CV

09-20-2022

IN RE GAIL CORDER FISCHER, Relator


Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-17340

Before Justices Myers, Nowell, and Goldstein

MEMORANDUM OPINION

BONNIE LEE GOLDSTEIN, JUSTICE

In this original proceeding, relator Gail Fischer seeks mandamus relief from the trial court's order (1) granting real party in interest's motion to strike her exceptions to the auditor's report and (2) denying her motion for leave to file the exceptions. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that she lacks an adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

After reviewing the amended petition and the record before us, we conclude that relator has failed to demonstrate that the trial court abused its discretion. Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). Having denied the petition, we also deny relator's stay motion as moot.


Summaries of

In re Fischer

Court of Appeals of Texas, Fifth District, Dallas
Sep 20, 2022
No. 05-22-00787-CV (Tex. App. Sep. 20, 2022)
Case details for

In re Fischer

Case Details

Full title:IN RE GAIL CORDER FISCHER, Relator

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

Date published: Sep 20, 2022

Citations

No. 05-22-00787-CV (Tex. App. Sep. 20, 2022)