Deborah Humphrey

• Court: Court of Appeals of Texas
• Decided: December 15, 2014
• Docket: 05-14-01565-CV
• Status: Published

Opinion

DENY; and Opinion Filed December 12, 2014.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01565-CV

DEBORAH HUMPHREY, Relator

Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-07257

MEMORANDUM OPINION Before Justices Lang-Miers, Myers, and Stoddart Opinion by Justice Lang-Miers Relator filed this petition for writ of mandamus requesting that the Court order the trial

court to: 1) vacate the oral order of November 13, 2014 and written order of December 11, 2014

denying relator’s motion to dismiss the case for want of prosecution and 2) order the trial court

to dismiss the underlying cause of action with prejudice. Ordinarily, to obtain 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). We conclude relator has not shown she is entitled to relief. Walker v.

Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). We deny the petition for writ

of mandamus.

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 141565F.P05