In Re: Michael Lewis and Michelle Shumate, in Their Official Capacities as Assistant Principals at Highland Park School v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 22, 2023
• Docket: 05-23-00486-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 22, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00486-CV

IN RE MICHAEL LEWIS AND MICHELLE SHUMATE, IN THEIR OFFICIAL CAPACITIES AS ASSISTANT PRINCIPALS AT HIGHLAND PARK SCHOOL, Relators

Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-06449

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Nowell Before the Court are relators’ May 19, 2023 petition for writ of mandamus

and emergency motion for temporary relief. Relators challenge the trial court’s May

19, 2023 Order on Plaintiffs’ Emergency Ex Parte Motion for Temporary Injunction.

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).

We also deny relators’ emergency motion as moot.

/Erin A. Nowell// 230486f.p05 ERIN A. NOWELL JUSTICE

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