Court of Civil Appeals of Texas, 2015

in RE: Peter Beasley

in RE: Peter Beasley
Court of Civil Appeals of Texas · Decided March 23, 2015

in RE: Peter Beasley

Opinion

Deny and Opinion Filed March 19, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00276-CV IN RE PETER BEASLEY, Relator Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-13433 MEMORANDUM OPINION Before Justices Bridges, Stoddart, and Whitehill Opinion by Justice Whitehill Relator filed this petition for writ of mandamus contending that the trial court abused its discretion in allowing real party in interest to withdraw deemed admissions and in continuing a hearing on a motion for summary judgment to allow real party in interest to conduct discovery.

Ordinarily, to obtain 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). Relator has not met those requirements. We deny the petition.

150276F.P05 /Bill Whitehill/ BILL WHITEHILL JUSTICE

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