DENIED and Opinion Filed August 30, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00998-CV IN RE DAVID SCOTT HAYES, Relator Original Proceeding from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-56446-2010 MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Garcia In his August 21, 2024 petition for writ of mandamus, relator asks this Court to reinstate the underlying divorce proceeding after the trial court dismissed it for want of prosecution. Entitlement to mandamus relief requires a relator to show that the trial court clearly abused its discretion and that the 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 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 240998F.P05

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