in Re: Burning Bush Missionary Baptist Church, Inc., and Burning Bush Academy Affordable Daycare

Opinion

DENY and Opinion Filed September 19, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00859-CV

IN RE BURNING BUSH MISSIONARY BAPTIST CHURCH, INC., AND BURNING BUSH ACADEMY AFFORDABLE DAYCARE, Relators

Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-19-00422-2

MEMORANDUM OPINION Before Justices Bridges, Osborne, and Carlyle Opinion by Justice Osborne Before the Court is relators’ July 21, 2019 petition for writ of mandamus challenging the

trial court’s denial of their plea to the jurisdiction regarding real party in interest’s counterclaim in

the lawsuit relators filed against her. Relators assert the ecclesiastical abstention doctrine deprives

the trial court of subject matter jurisdiction over the counterclaim.

To be entitled to mandamus relief, relators must show both that the trial court has clearly

abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins.

Co. of Am., 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).

/Leslie Osborne/ LESLIE OSBORNE JUSTICE

190859F.P05

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