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In re Humphrey

Court of Appeals Fifth District of Texas at Dallas
Dec 12, 2014
No. 05-14-01565-CV (Tex. App. Dec. 12, 2014)

Opinion

No. 05-14-01565-CV

12-12-2014

DEBORAH HUMPHREY, Relator


Original Proceeding from the 191st Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-13-07257
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Stoddart

Relator filed this petition for writ of mandamus requesting that the Court order the trial court to: 1) vacate the oral order of November 13, 2014 and written order of December 11, 2014 denying relator's motion to dismiss the case for want of prosecution and 2) order the trial court to dismiss the underlying cause of action with prejudice. Ordinarily, to obtain 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). We conclude relator has not shown she is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). We deny the petition for writ of mandamus.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
141565F.P05


Summaries of

In re Humphrey

Court of Appeals Fifth District of Texas at Dallas
Dec 12, 2014
No. 05-14-01565-CV (Tex. App. Dec. 12, 2014)
Case details for

In re Humphrey

Case Details

Full title:DEBORAH HUMPHREY, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Dec 12, 2014

Citations

No. 05-14-01565-CV (Tex. App. Dec. 12, 2014)