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In re State Farm Mut. Auto. Ins. Co.

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2024
No. 05-24-00876-CV (Tex. App. Aug. 9, 2024)

Opinion

05-24-00876-CV

08-09-2024

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TODD JOSEPH DAUPER, Relators


Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-23-00225-D

Before Justices Partida-Kipness, Nowell, and Miskel

MEMORANDUM OPINION

ERIN A. NOWELL, JUSTICE

Before the Court is relators' July 24, 2024 petition for writ of mandamus. Relators challenge the trial court's July 17, 2024 Order Denying Defendants' Motion to Abate Trial Pending Appeal (3rd Motion to Abate). Also before the Court is relators' July 24, 2024 emergency motion for temporary relief.

Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that 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 that 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). Having denied the petition, we also deny relators' emergency motion as moot.


Summaries of

In re State Farm Mut. Auto. Ins. Co.

Court of Appeals of Texas, Fifth District, Dallas
Aug 9, 2024
No. 05-24-00876-CV (Tex. App. Aug. 9, 2024)
Case details for

In re State Farm Mut. Auto. Ins. Co.

Case Details

Full title:IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TODD JOSEPH…

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

Date published: Aug 9, 2024

Citations

No. 05-24-00876-CV (Tex. App. Aug. 9, 2024)