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In re Hayes

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2024
No. 05-24-00998-CV (Tex. App. Aug. 30, 2024)

Opinion

05-24-00998-CV

08-30-2024

IN RE DAVID SCOTT HAYES, Relator


Original Proceeding from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-56446-2010

Before Justices Pedersen, III, Smith, and Garcia

MEMORANDUM OPINION

DENNISE GARCIA JUSTICE

In his August 21, 2024 petition for writ of mandamus, relator asks this Court to reinstate the underlying divorce proceeding after the trial court dismissed it for want of prosecution. Entitlement to mandamus relief requires a relator to show that the trial court clearly abused its discretion and that the relator lacks an adequate appellate remedy. In re 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).


Summaries of

In re Hayes

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2024
No. 05-24-00998-CV (Tex. App. Aug. 30, 2024)
Case details for

In re Hayes

Case Details

Full title:IN RE DAVID SCOTT HAYES, Relator

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

Date published: Aug 30, 2024

Citations

No. 05-24-00998-CV (Tex. App. Aug. 30, 2024)