Opinion
05-24-00232-CV
03-06-2024
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND BETTY GENALE THOMAS, Relators
Original Proceeding from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-23-06609-E
Before Justices Partida-Kipness, Nowell, and Miskel.
MEMORANDUM OPINION
ROBBIE PARTIDA-KIPNESS JUSTICE.
Before the Court are relators' February 29, 2024 petition for writ of mandamus and emergency motion for temporary relief. In their petition, relators challenge the trial court's orders (1) denying their motion to sever and abate, (2) denying their motions to quash their respective depositions, and (3) granting real party in interest's motion to quash relators' depositions by written questions to certain medical providers. In their emergency motion, relators ask to have their depositions stayed pending our action on the petition.
Entitlement to mandamus relief requires relators to show the trial court clearly abused its discretion and relators lack an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing relators' petition and the record before us, we conclude relators have failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). We also deny as moot relators' emergency motion for temporary relief.
Miskel, J., would have granted the emergency motion for temporary relief and requested a response.