In Re: State Farm Mutual Automobile Insurance Company and Todd Joseph Dauper v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 7, 2023
• Docket: 05-23-00527-CV
• Status: Published

Opinion

DENIED and Opinion Filed June 7, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00527-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-23-00225-D

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Miskel In their May 30, 2023 petition for writ of mandamus, relators seek relief from

the trial court’s denial of their motion for 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 the 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). Having denied the petition, we also deny relators’ motion for temporary

relief as moot.

/Emily Miskel/ 230527.p05 EMILY MISKEL JUSTICE

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