in Re: Gail Corder Fischer

Opinion

DENY and Opinion Filed September 20, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00787-CV

IN RE GAIL CORDER FISCHER, Relator

Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-17340

MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Goldstein In this original proceeding, relator Gail Fischer seeks mandamus relief from

the trial court’s order (1) granting real party in interest’s motion to strike her

exceptions to the auditor’s report and (2) denying her motion for leave to file the

exceptions. Entitlement to mandamus relief requires relator to show that the trial

court clearly abused its discretion and that she 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 amended 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).

Having denied the petition, we also deny relator’s stay motion as moot.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE

220787F.P05

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