in Re: The Unknown Heirs, and Heirs Whose Whereabouts is Unknown, of Thelma Francies Shaw Brady

• Court: Court of Appeals of Texas
• Decided: December 17, 2018
• Docket: 05-18-01315-CV
• Status: Published

Opinion

DENY; and Opinion Filed December 17, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01315-CV

IN RE THE UNKNOWN HEIRS, AND HEIRS WHOSE WHEREABOUTS IS UNKNOWN, OF THELMA FRANCIES SHAW BRADY, Relators

Original Proceeding from the County Court at Law No. 2 Grayson County, Texas Trial Court Cause No. 025128

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Lang-Miers Before the Court is relators’ petition for writ of mandamus in which they complain of the

trial court’s denial of relators’ motion to dismiss for lack of jurisdiction. To be entitled to

mandamus relief, a relator must show both that the trial court has clearly abused its discretion and

that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36

(Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have not shown

they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ of

mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines

relator is not entitled to the relief sought).

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS 181315F.P05 JUSTICE