In Re: David Scott Hayes v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 30, 2024
• Docket: 05-24-00998-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 30, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00998-CV

IN RE DAVID SCOTT HAYES, Relator

Original Proceeding from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-56446-2010

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Garcia In his August 21, 2024 petition for writ of mandamus, relator asks this Court

to reinstate the underlying divorce proceeding after the trial court dismissed it for

want of prosecution. Entitlement to mandamus relief requires a relator to show that

the trial court clearly abused its discretion and that the 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).

/Dennise Garcia/ DENNISE GARCIA JUSTICE 240998F.P05

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