in Re: Stefanie Henderson

• Court: Court of Appeals of Texas
• Decided: December 6, 2021
• Docket: 05-21-00532-CV
• Status: Published

Opinion

DENY and Opinion Filed December 6, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00532-CV

IN RE STEFANIE HENDERSON, Relator

Original Proceeding from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-05757

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Smith In her July 1, 2021 petition for writ of mandamus, relator challenges the trial

court’s order granting real party in interest’s bill of review. Entitlement to mandamus

relief requires relator to show that the trial court clearly abused its discretion and

that she lacks an adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d

124, 135–36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition and the record, we conclude that relator

has failed to show a clear abuse of discretion. Accordingly, we deny relator’s petition

for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny relator’s December 2, 2021

emergency motion for stay as moot.

/Craig Smith/ CRAIG SMITH JUSTICE

210532F.P05

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