In Re: Children's Medical Center of Dallas v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 31, 2023
• Docket: 05-23-00718-CV
• Status: Published

Opinion

DENY and Opinion Filed August 31, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00718-CV

IN RE CHILDREN’S MEDICAL CENTER OF DALLAS, Relator

Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-02427-B

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Breedlove In this original proceeding, relator seeks mandamus relief from the trial

court’s July 19, 2023 order denying its Rule 91a motion to dismiss the conspiracy

and intentional infliction of emotional distress claims. Entitlement to mandamus

relief requires relator to show that the trial court clearly abused its discretion and

that relator lacks an adequate remedy by appeal. In re Prudential Ins. Co. of Am.,

148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

After reviewing the petition and the record before us, we conclude that relator

has failed to demonstrate entitlement to the relief requested. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

230718f.p05 /Maricela Breedlove/ MARICELA BREEDLOVE JUSTICE

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