in Re: Buckner Adoption and Maternity Services, Inc.

Court of Appeals of Texas·Decided June 25, 2019·No. 05-19-00424-CV·Published

Opinion

DENY; and Opinion Filed June 25, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00424-CV

IN RE BUCKNER ADOPTION AND MATERNITY SERVICES, INC., ET AL, Relators

Original Proceeding from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-18-04583-C

MEMORANDUM OPINION Before Justices Myers, Nowell, and Molberg Opinion by Justice Myers Before the Court is relators’ petition for writ of mandamus in which they contend the

trial court abused its discretion by denying its motion to dismiss. Entitlement to mandamus relief

requires relators to show both that the trial court has clearly abused its discretion and that relators

have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004)

(orig. proceeding). After reviewing the petition and the mandamus record, 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).

/Lana Myers/ LANA R. MYERS 190424F.P05 JUSTICE

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in Re: Buckner Adoption and Maternity Services, Inc., (Tex. Ct. App. 2019).

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)