Court of Civil Appeals of Texas, 2022

in Re: Wally Yammine

in Re: Wally Yammine
Court of Civil Appeals of Texas · Decided September 23, 2022

in Re: Wally Yammine

Opinion

DENY and Opinion Filed September 23, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00931-CV IN RE WALLY YAMMINE, Relator Original Proceeding from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-21-00009-C MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Molberg Before the Court is relator’s September 21, 2022 petition for writ of mandamus. In her petition, relator complains about the trial court’s failure to rule on her pending motion for default judgment.

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. 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 not demonstrated that the trial court clearly abused its discretion.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Ken Molberg// KEN MOLBERG 220931f.p05 JUSTICE

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