Court of Civil Appeals of Texas, 2023

In Re: Erin Walker v. the State of Texas

In Re: Erin Walker v. the State of Texas
Court of Civil Appeals of Texas · Decided October 23, 2023

In Re: Erin Walker v. the State of Texas

Opinion

DENIED and Opinion Filed October 23, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00726-CV IN RE ERIN WALKER, Relator Original Proceeding from the 422nd Judicial District Court Kaufman County, Texas Trial Court Cause No. 100256-422 MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Molberg In her July 25, 2023 petition for writ of mandamus, relator Erin Walker seeks relief from the trial court’s order denying her motion to dismiss for want of prosecution and lack of diligence.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing relator’s 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).

230726f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

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