In Re: Larry M. Wolford, Individually and Denise L. Wolford, Individually v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMay 8, 2023
Docket05-23-00393-CV
StatusPublished

This text of In Re: Larry M. Wolford, Individually and Denise L. Wolford, Individually v. the State of Texas (In Re: Larry M. Wolford, Individually and Denise L. Wolford, Individually v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re: Larry M. Wolford, Individually and Denise L. Wolford, Individually v. the State of Texas, (Tex. Ct. App. 2023).

Opinion

DENIED and Opinion Filed May 8, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00393-CV

IN RE LARRY M. WOLFORD, INDIVIDUALLY AND DENISE L. WOLFORD, INDIVIDUALLY, Relators

Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-06038

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Garcia Before the Court is relators’ April 28, 2023 petition for writ of mandamus

wherein relators challenge the trial court’s denial of relators’ rule 91a motion to

dismiss.

Entitlement to mandamus relief requires relators to show that the trial court

clearly abused its discretion and that relators lack an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relators’ petition and the record before us, we conclude

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

52.8(a).

/Dennise Garcia/ DENNISE GARCIA JUSTICE

230393f.p05

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Related

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

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In Re: Larry M. Wolford, Individually and Denise L. Wolford, Individually v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-larry-m-wolford-individually-and-denise-l-wolford-individually-texapp-2023.