In Re: United Specialty Insurance Company v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 21, 2023
• Docket: 05-23-00036-CV
• Status: Published

Opinion

DENY and Opinion Filed March 21, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00036-CV

IN RE UNITED SPECIALTY INSURANCE COMPANY, Relator

Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-22-01250

MEMORANDUM OPINION Before Justices Reichek, Nowell, and Miskel Opinion by Justice Nowell In this original proceeding, relator seeks mandamus relief from the trial

court’s order granting real party in interest’s motion to quash non-party discovery

requests and motion for protection.

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

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

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

proceeding). After reviewing the petition and the record before us, we conclude that

relator has failed to demonstrate that the trial court abused its discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

230036F.P05

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