In Re Jared Ivers, Christi Ivers, James Ivers, and Ivers Investments, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 23, 2025
• Docket: 10-25-00124-CV
• Status: Published

Opinion

Court of Appeals Tenth Appellate District of Texas

10-25-00124-CV

In re Jared Ivers, Christi Ivers, James Ivers, and Ivers Investments, LLC

Original Proceeding

JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION

On April 16, 2025, relators Jared Ivers, Christi Ivers, James Ivers, and

Ivers Investments, LLC filed a petition for writ of mandamus with this Court.

See TEX. GOV’T CODE ANN. § 22.221(b); TEX. R. APP. P. 52. In the petition,

relators contend the trial court abused its discretion by denying their motion

to dismiss the underlying case for want of prosecution.

To be entitled to mandamus relief, a relator must meet two

requirements. First, the relator must show that the trial court clearly abused

its discretion. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004).

Second, the relator must demonstrate that there is no adequate remedy by appeal. Id. at 135-36. Based on the record before us, we conclude that relators

have failed to establish entitlement to mandamus relief.

We deny relators’ petition for writ of mandamus.

STEVE SMITH Justice

OPINION DELIVERED and FILED: April 23, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Rose1 Denied OT06

1 The Honorable Jeff Rose, Senior Chief Justice (Retired) of the Third Court of Appeals, sitting by

assignment of the Chief Justice of the Supreme Court of Texas.

In re Ivers Page 2