Court of Appeals Tenth Appellate District of Texas 10-25-00124-CV

In re Jared Ivers, Christi Ivers, James Ivers, and Ivers Investments, LLC

Original Proceeding JUSTICE SMITH delivered the opinion of the Court.

MEMORANDUM OPINION On April 16, 2025, relators Jared Ivers, Christi Ivers, James Ivers, and Ivers Investments, LLC filed a petition for writ of mandamus with this Court.

See TEX. GOV’T CODE ANN. § 22.221(b); TEX. R. APP. P. 52. In the petition, relators contend the trial court abused its discretion by denying their motion to dismiss the underlying case for want of prosecution.

To be entitled to mandamus relief, a relator must meet two requirements. First, the relator must show that the trial court clearly abused its discretion. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004).

Second, the relator must demonstrate that there is no adequate remedy by appeal. Id. at 135-36. Based on the record before us, we conclude that relators have failed to establish entitlement to mandamus relief.

We deny relators’ petition for writ of mandamus.

STEVE SMITH Justice OPINION DELIVERED and FILED: April 23, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Rose1 Denied OT06

1 The Honorable Jeff Rose, Senior Chief Justice (Retired) of the Third Court of Appeals, sitting by assignment of the Chief Justice of the Supreme Court of Texas.

In re Ivers Page 2