From Casetext: Smarter Legal Research

In re Flores

Court of Appeals of Texas, Fifth District, Dallas
May 26, 2022
No. 05-21-00856-CV (Tex. App. May. 26, 2022)

Opinion

05-21-00856-CV

05-26-2022

IN RE JUAN FLORES AND SAYRA FLORES, INDIVIDUALLY AND AS NEXT FRIENDS OF L.F., S.F. AND P.F., MINORS, Relators


Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-060568

Before Justices Molberg , Reichek, and Goldstein

Justice Molberg dissents without opinion and would grant the writ.

MEMORANDUM OPINION

AMANDA L. REICHEK JUSTICE.

In their petition for writ of mandamus, relators challenge the trial court's oral ruling denying relators' motion to reconsider sixteen topics that had previously been quashed for deposition of real party in interest's corporate representative.

Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition, response, reply, records on mandamus, and motions and responses filed in this proceeding, we conclude relators have failed to demonstrate an abuse of discretion. Accordingly, we deny relators' petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

Real party in interest filed a motion to deny the petition for unreasonable delay. Relator filed a motion to strike parts of real party's supplemental record. We deny the pending motions as moot.

We reviewed only that evidence that was before the trial court when it made its ruling.


Summaries of

In re Flores

Court of Appeals of Texas, Fifth District, Dallas
May 26, 2022
No. 05-21-00856-CV (Tex. App. May. 26, 2022)
Case details for

In re Flores

Case Details

Full title:IN RE JUAN FLORES AND SAYRA FLORES, INDIVIDUALLY AND AS NEXT FRIENDS OF…

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

Date published: May 26, 2022

Citations

No. 05-21-00856-CV (Tex. App. May. 26, 2022)