Opinion
No. 05-18-00023-CV
01-09-2018
IN RE ROBERT TAYLOR AND LISA TAYLOR, Relators
Original Proceeding from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-17-04973-E
MEMORANDUM OPINION
Before Justices Francis, Evans, and Schenck
Opinion by Justice Evans
In this original proceeding, relators complain that the trial court abated the underlying case for a brief, definite time before ruling on relators' motion to dismiss the real party in interest's bill of review. Relators seek a writ of mandamus directing the trial court to rule on relators' motion to dismiss. To be entitled to 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). Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. Accordingly, we deny relators' petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).
/David Evans/
DAVID EVANS
JUSTICE 180023F.P05