in Re: Farmers Texas County Mutual Insurance Company and Angela Nikles

• Court: Court of Appeals of Texas
• Decided: July 19, 2018
• Docket: 05-18-00796-CV
• Status: Published

Opinion

Denied and Opinion Filed July 19, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00796-CV

IN RE FARMERS TEXAS COUNTY MUTUAL INSURANCE COMPANY AND ANGELA NIKLES, Relators

Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-18-01339-B

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Stoddart Before the Court is relators’ petition for writ of mandamus in which they complain of the

trial court’s order denying relators’ Rule 91a motion to dismiss. To be entitled to mandamus relief,

a relator must show both that the trial court has clearly abused its discretion and that relator has no

adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). Based on the record before us, we conclude relators have not shown a clear abuse of

discretion. Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P.

52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief

sought).

/Craig Stoddart/ CRAIG STODDART JUSTICE

180796F.P05