DENY and Opinion Filed September 20, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00787-CV IN RE GAIL CORDER FISCHER, Relator Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-17340 MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Goldstein In this original proceeding, relator Gail Fischer seeks mandamus relief from the trial court’s order (1) granting real party in interest’s motion to strike her exceptions to the auditor’s report and (2) denying her motion for leave to file the exceptions. 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 amended 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).

Having denied the petition, we also deny relator’s stay motion as moot.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE 220787F.P05

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