in Re: Lexington Insurance Company

• Court: Court of Appeals of Texas
• Decided: May 20, 2015
• Docket: 05-15-00517-CV
• Status: Published

Opinion

DENY; and Opinion Filed May 20, 2015.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00517-CV

IN RE LEXINGTON INSURANCE COMPANY, Relator

Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-06317

MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Schenck Relator filed this petition for writ of mandamus requesting that the Court order the trial

court to compel appraisal in this case. Ordinarily, to obtain 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). We conclude the relator has failed to establish a right to relief.

We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

150517F.P05