In Re: Everett Financial, Inc. D/B/A Supreme Lending v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 7, 2023
• Docket: 05-23-00326-CV
• Status: Published

Opinion

DENY and Opinion Filed April 7, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00326-CV

IN RE EVERETT FINANCIAL, INC. D/B/A SUPREME LENDING, Relator

Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-15697

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Garcia Before the Court are relator’s April 6, 2023 petition for writ of mandamus and

emergency motion for temporary stay. In the petition, relator seeks mandamus relief

from the trial court’s April 4, 2023 Order Denying Plaintiff’s Motion for Protective

Order.

Entitlement to mandamus relief generally requires relator to demonstrate 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 show the trial court abused its discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). Having denied the petition, we also deny the emergency motion as moot.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

230326F.P05

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