in Re: Fleet Pride, Inc.

Court of Appeals of Texas·Decided December 11, 2020·No. 05-20-00810-CV·Published

Opinion

DENY and Opinion Filed December 11, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00810-CV

IN RE FLEET PRIDE, INC., ET AL., Relators

Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-19366

MEMORANDUM OPINION Before Justices Osborne, Reichek, and Browning Opinion by Justice Osborne Relators’ September 4, 2020 petition for writ of mandamus asks us to compel

the trial court to vacate its order denying their motion to join a decedent’s estate as

a necessary party in the underlying personal injury lawsuit. Entitlement to

mandamus relief requires relators to show that the trial court has clearly abused its

discretion and that relators have no adequate appellate remedy. In re Prudential Ins.

Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on the petition,

real parties in interest’s response, relators’ reply, and the record before us, we

conclude that relators have failed to show their entitlement to the relief requested. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Leslie Osborne/ LESLIE OSBORNE JUSTICE

200810F.P05

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)