In Re: Connie Denise Sigel in Her Capacity as Independent of the Estate of Flo Delmarene McCarthy v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 16, 2023
• Docket: 05-23-00598-CV
• Status: Published

Opinion

DENIED and Opinion Filed June 16, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00598-CV

IN RE CONNIE DENISE SIGEL IN HER CAPACITY AS INDEPENDENT EXECUTRIX OF THE ESTATE OF FLO DELMARENE MCCARTHY, DECEASED, Relator

Original Proceeding from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-18-00439-1

MEMORANDUM OPINION Before Justices Reichek, Carlyle, and Kennedy Opinion by Justice Kennedy In her June 14, 2023 petition for writ of mandamus, relator seeks relief from

two probate court orders issued in connection with an independent estate

administration. The first order set aside an earlier distribution order. The second

order is a pretrial scheduling order, setting certain issues for a jury trial.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). Relator bears the burden of providing the Court with a sufficient record

to show she is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding). After reviewing relator’s petition and the record before us, we

conclude that relator has failed to demonstrate an entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

We also deny relator’s emergency motion to stay as moot.

/Nancy Kennedy/ NANCY KENNEDY JUSTICE

230598F.P05

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