in Re: State Farm Mutual Automobile Insurance Company and Todd Joseph Dauper

Opinion

Denied; Opinion Filed August 22, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00920-CV

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TODD JOSEPH DAUPER, Relators

Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-17-05914-D

MEMORANDUM OPINION Before Justices Myers, Molberg, and Nowell Opinion by Justice Nowell Before the Court is relators’ August 5, 2019 petition for writ of mandamus in which relators

contend the trial court abused its discretion by denying their motion to abate extra-contractual

claims in the underlying underinsured motorist lawsuit. To be entitled to mandamus relief, relators

must show both that the trial court has clearly abused its discretion and that relators have no

adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing the petition and the mandamus record, we conclude relators have not

shown they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a)

(the court must deny the petition if the court determines relator is not entitled to the

relief sought).

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

190920F.P05

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