in Re: Summer Infant (USA), Inc.

• Court: Court of Appeals of Texas
• Decided: June 17, 2022
• Docket: 05-22-00564-CV
• Status: Published

Opinion

DENY and Opinion Filed June 17, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00564-CV

IN RE SUMMER INFANT (USA), INC., Relator

Original Proceeding from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-14-02235-C

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Molberg Before the Court is relator’s May 6, 2022 petition for writ of mandamus. In

the petition, relator asks us to compel the trial court to rescind its mistrial order and

enter relator’s proposed judgment.

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 Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing 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 an abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

220564f.p05 /Ken Molberg/ KEN MOLBERG JUSTICE

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