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In re Thresher

Court of Appeals of Texas, Fifth District, Dallas
Sep 22, 2021
No. 05-21-00410-CV (Tex. App. Sep. 22, 2021)

Opinion

05-21-00410-CV

09-22-2021

IN RE THRESHER AND THRESHER, Relators


Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-05644

Before Justices Schenck, Nowell, and Garcia

MEMORANDUM OPINION

DAVID J. SCHENCK JUSTICE

In this original proceeding, relators ask us to compel the trial court to vacate its order striking their expert witness. Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack an adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition and record, we conclude that relators have not shown they lack an adequate remedy. See In re Flores, No. 05-19-01058-CV, 2020 WL 2847531, at *1 (Tex. App.-Dallas June 2, 2020, orig. proceeding) (mem. op.) (denying mandamus relief for orders striking experts because relators had adequate remedy by appeal). Accordingly, we deny the petition for writ of mandamus.


Summaries of

In re Thresher

Court of Appeals of Texas, Fifth District, Dallas
Sep 22, 2021
No. 05-21-00410-CV (Tex. App. Sep. 22, 2021)
Case details for

In re Thresher

Case Details

Full title:IN RE THRESHER AND THRESHER, Relators

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

Date published: Sep 22, 2021

Citations

No. 05-21-00410-CV (Tex. App. Sep. 22, 2021)