in Re Thresher and Thresher
This text of in Re Thresher and Thresher (in Re Thresher and Thresher) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
DENY and Opinion Filed September 22, 2021
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00410-CV
IN RE THRESHER AND THRESHER, Relators
Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-05644
MEMORANDUM OPINION Before Justices Schenck, Nowell, and Garcia Opinion by Justice Schenck In this original proceeding, relators ask us to compel the trial court to vacate
its order striking their expert witness. Entitlement to mandamus relief requires
relators to show that the trial court clearly abused its discretion and that they lack 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 record, we conclude that relators have
not shown they lack an adequate remedy. See In re Flores, No. 05-19-01058-CV,
2020 WL 2847531, at *1 (Tex. App.—Dallas June 2, 2020, orig. proceeding) (mem.
op.) (denying mandamus relief for orders striking experts because relators had adequate remedy by appeal). Accordingly, we deny the petition for writ of
mandamus.
/David J. Schenck/ DAVID J. SCHENCK JUSTICE
210410F.P05
–2–
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