Court of Appeals of Texas, 2021

in Re: Stefanie Henderson

in Re: Stefanie Henderson
Court of Appeals of Texas · Decided December 6, 2021
in Re: Stefanie Henderson

Opinion

DENY and Opinion Filed December 6, 2021

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-21-00532-CV

IN RE STEFANIE HENDERSON, Relator

Original Proceeding from the 256th Judicial District Court

Dallas County, Texas Trial Court Cause No. DF-20-05757

MEMORANDUM OPINION

Before Justices Molberg, Reichek, and Smith Opinion by Justice Smith

In her July 1, 2021 petition for writ of mandamus, relator challenges the trial court’s order granting real party in interest’s bill of review. Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that she lacks 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 the record, we conclude that relator has failed to show a clear abuse of discretion. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

Having denied the petition, we also deny relator’s December 2, 2021 emergency motion for stay as moot.

/Craig Smith/ CRAIG SMITH JUSTICE

210532F.P05

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