In Re: Daniel J. Moos v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 14, 2023
• Docket: 05-23-00567-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 14, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00567-CV

IN RE DANIEL J. MOOS, Relator

Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-17668

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Kennedy Before the Court is relator’s June 7, 2023 petition for writ of mandamus.

Relator asks this Court to compel the trial court to (1) vacate its May 12, 2023 order

denying relator’s motion to disburse funds from the registry of the court and

(2) order that the interpleaded funds be immediately paid to relator.

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). After reviewing relator’s petition and the record before us, we conclude

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

52.8(a).

/Nancy Kennedy/ NANCY KENNEDY JUSTICE

230567F.P05

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