In Re: Erin Walker v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 23, 2023
• Docket: 05-23-00726-CV
• Status: Published

Opinion

DENIED and Opinion Filed October 23, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00726-CV

IN RE ERIN WALKER, Relator

Original Proceeding from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 100256-422

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Molberg In her July 25, 2023 petition for writ of mandamus, relator Erin Walker seeks

relief from the trial court’s order denying her motion to dismiss for want of

prosecution and lack of diligence.

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 that the trial court abused its discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

230726f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

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