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In re Summer Infant (U.S.), Inc.

Court of Appeals Fifth District of Texas at Dallas
Oct 16, 2020
No. 05-20-00672-CV (Tex. App. Oct. 16, 2020)

Opinion

No. 05-20-00672-CV

10-16-2020

IN RE SUMMER INFANT (USA), INC., Relator


Original Proceeding from the County Court at Law No. 3 Dallas County, Texas
Trial Court Cause No. CC-14-02235-C

MEMORANDUM OPINION

Before Justices Myers, Molberg, and Evans
Opinion by Justice Myers

Before the Court is relator's July 14, 2020 petition for writ of mandamus. In the petition, relator asks this Court to compel the trial court to: (1) rescind its order granting a mistrial; and (2) enter judgment for relator based on the original jury verdict.

Entitlement to mandamus relief requires relator to 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). Based on the petition, real parties in interest's response, and the record before us, we conclude relator has failed to show its entitlement to the relief requested. Accordingly, we deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny relator's motion for temporary relief and stay as moot.

/Lana Myers/

LANA MYERS

JUSTICE 200672F.P05


Summaries of

In re Summer Infant (U.S.), Inc.

Court of Appeals Fifth District of Texas at Dallas
Oct 16, 2020
No. 05-20-00672-CV (Tex. App. Oct. 16, 2020)
Case details for

In re Summer Infant (U.S.), Inc.

Case Details

Full title:IN RE SUMMER INFANT (USA), INC., Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 16, 2020

Citations

No. 05-20-00672-CV (Tex. App. Oct. 16, 2020)