In Re: Nicholas D. Mosser v. the State of Texas
This text of In Re: Nicholas D. Mosser v. the State of Texas (In Re: Nicholas D. Mosser 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.
Opinion
DENY and Opinion Filed June 5, 2023
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00377-CV
IN RE NICHOLAS D. MOSSER, Relator
Original Proceeding from the 471st Judicial District Court Collin County, Texas Trial Court Cause No. 471-06006-2019
MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Partida-Kipness In his April 26, 2023 petition for writ of mandamus, relator complains that the
trial court violated the automatic stay of the bankruptcy code by setting hearings in
the underlying matter. Entitlement to mandamus relief requires relator to
demonstrate that the trial court clearly abused its discretion and that he lacks an
adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–
36 (Tex. 2004) (orig. proceeding).
After reviewing the petition and the record before us, we conclude that relator
has failed to show his entitlement to the relief requested. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE
230377F.P05
–2–
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