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In re Mosser

Court of Appeals of Texas, Fifth District, Dallas
Jun 5, 2023
No. 05-23-00377-CV (Tex. App. Jun. 5, 2023)

Opinion

05-23-00377-CV

06-05-2023

IN RE NICHOLAS D. MOSSER, Relator


Original Proceeding from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-06006-2019

Before Justices Partida-Kipness, Carlyle, and Garcia

MEMORANDUM OPINION

ROBBIE PARTIDA-KIPNESS JUSTICE

In his April 26, 2023 petition for writ of mandamus, relator complains that the trial court violated the automatic stay of the bankruptcy code by setting hearings in the underlying matter. Entitlement to mandamus relief requires relator to demonstrate that the trial court clearly abused its discretion and that he 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 petition and the record before us, we conclude that relator has failed to show his entitlement to the relief requested.

Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).


Summaries of

In re Mosser

Court of Appeals of Texas, Fifth District, Dallas
Jun 5, 2023
No. 05-23-00377-CV (Tex. App. Jun. 5, 2023)
Case details for

In re Mosser

Case Details

Full title:IN RE NICHOLAS D. MOSSER, Relator

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

Date published: Jun 5, 2023

Citations

No. 05-23-00377-CV (Tex. App. Jun. 5, 2023)