In Re: Larry M. Wolford, Individually and Denise L. Wolford, Individually v. the State of Texas
In Re: Larry M. Wolford, Individually and Denise L. Wolford, Individually v. the State of Texas
Opinion
DENIED and Opinion Filed May 8, 2023
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00393-CV IN RE LARRY M. WOLFORD, INDIVIDUALLY AND DENISE L. WOLFORD, INDIVIDUALLY, Relators Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-06038 MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Garcia Before the Court is relators’ April 28, 2023 petition for writ of mandamus wherein relators challenge the trial court’s denial of relators’ rule 91a motion to dismiss.
Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that relators lack an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing relators’ petition and the record before us, we conclude that relators have failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).
/Dennise Garcia/ DENNISE GARCIA JUSTICE
230393f.p05
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