In Re: State Farm Mutual Automobile Insurance Company and Lindsey Nicole Dessart v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 30, 2023
• Docket: 05-23-00763-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 30, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00763-CV

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND LINDSEY NICOLE DESSART, Relators

Original Proceeding from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-03203-2022

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Partida-Kipness In their August 2, 2023 petition for writ of mandamus, relators challenge the

trial court’s denial of relators’ motion for severance and abatement.

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 lift the stay issued by this Court’s August 22, 2023 Order.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

Garcia, J., would have requested a response.

230763F.P05

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