Court of Appeals of Texas, 2021

in Re: All Saints Care Injury and Rehabilitation Clinic, Inc. and Jackson C. Ehioguh

in Re: All Saints Care Injury and Rehabilitation Clinic, Inc. and Jackson C. Ehioguh
Court of Appeals of Texas · Decided August 27, 2021
in Re: All Saints Care Injury and Rehabilitation Clinic, Inc. and Jackson C. Ehioguh

Opinion

Denied and Opinion Filed August 27, 2021

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00223-CV

IN RE ALL SAINTS CARE INJURY AND REHABILITATION CLINIC, INC. AND JACKSON C. EHIOGUH, Relators

Original Proceeding from the 192nd Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-19-14060

MEMORANDUM OPINION

Before Justices Osborne, Pedersen, III, and Goldstein Opinion by Pedersen, III

In their April 7, 2021 petition for writ of mandamus, relators challenge the trial court’s February 2, 2021 order granting real party Chase’s motion to strike relators’ jury demand. Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition, real party in interest’s response, relators’ reply, and the record before us, we conclude that relators have failed to demonstrate an abuse of discretion. Accordingly, we deny the petition for writ of mandamus. 210223f.p05 /s/ Bill Pedersen, III

BILL PEDERSEN, III

JUSTICE

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