in Re: Guardianship of Clarence Lamar Norsworthy, an Incapacitated Person

Court of Appeals of Texas·Decided January 3, 2017·No. 05-16-01523-CV·Published

Opinion

DENY; and Opinion Filed January 3, 2017.

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-16-01523-CV

IN RE GUARDIANSHIP OF CLARENCE LAMAR NORSWORTHY, AN INCAPACITATED PERSON, Relator

On Appeal from the Probate Court No. 2 Dallas County, Texas

Trial Court Cause No. PR-16-1331-2

MEMORANDUM OPINION

Before Justices Fillmore, Myers, and Brown Opinion by Justice Fillmore Before the Court is relator Jeanette Norsworthy’s December 29, 2016 petition for writ of

mandamus in which relator contends the probate court abused its discretion by quashing the depositions of three people and imposing sanctions against her counsel.

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 relator has not shown she is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we

deny relator’s petition for writ of mandamus and deny as moot relator’s emergency motion to stay trial court proceedings.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE

161523F.P05

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in Re: Guardianship of Clarence Lamar Norsworthy, an Incapacitated Person, (Tex. Ct. App. 2017).

in Re: Guardianship of Clarence Lamar Norsworthy, an Incapacitated Person (in Re: Guardianship of Clarence Lamar Norsworthy, an Incapacitated Person) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)
Walker v. Packer
827 S.W.2d 833 (Texas Supreme Court, 1992)