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

• Court: Court of Appeals of Texas
• Decided: August 9, 2024
• Docket: 05-24-00876-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 9, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00876-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 Partida-Kipness, Nowell, and Miskel Opinion by Justice Nowell Before the Court is relators’ July 24, 2024 petition for writ of mandamus.

Relators challenge the trial court’s July 17, 2024 Order Denying Defendants’ Motion

to Abate Trial Pending Appeal (3rd Motion to Abate). Also before the Court is

relators’ July 24, 2024 emergency motion for temporary relief.

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). Having denied the petition, we also deny relators’ emergency motion as

moot.

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

240876F.P05

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