in Re: Steven Davidson, in His Capacity as sTrustee of the Peter DeMoore Trust

• Court: Court of Appeals of Texas
• Decided: September 22, 2022
• Docket: 05-22-00764-CV
• Status: Published

Opinion

DENY and Opinion Filed September 22, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00764-CV

IN RE STEVEN DAVIDSON, IN HIS CAPACITY AS TRUSTEE OF THE PETER DEMOORE TRUST, Relator

Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-21-02976-2

MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Nowell Before the Court is relator’s August 4, 2022 petition seeking a writ of

mandamus compelling the probate court to vacate its July 28, 2022 Interim Order

Granting in Part and Denying in Part Plaintiff’s Motion to Compel Trust

Distributions to Pay Attorneys’ Fees and Expenses.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

re The Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has 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 4, 2022 Order.

220764f.p05 /Erin A. Nowell// ERIN A. NOWELL JUSTICE

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