In Re: Albert Abrokwa and Donna Abrokwa Appeal from 401st Judicial District Court of Collin County (memorandum opinion )
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DENIED and Opinion Filed October 28, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01239-CV IN RE ALBERT ABROKWA AND DONNA ABROKWA, Relators Original Proceeding from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-03920-2013 MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Stoddart Opinion by Justice Stoddart Relators filed this petition for writ of mandamus requesting that the Court order the trial court to vacate its order granting new trial and reinstate the default judgment signed on June 30, 2014. We have declined to extend merits-based mandamus review to trial court orders granting new trial following bench trials. See In re Klair, No. 05-15-00462-CV, 2015 WL 1850907, at *1 (Tex. App.—Dallas Apr. 23, 2015, orig. proceeding) (mem. op.) (declining to extend mandamus review to orders granting new trial following default judgment) ; In re Dixon, No. 05–15–00242– CV, 2015 WL 1183596, at *1 (Tex. App.—Dallas Mar. 16, 2015, orig. proceeding) (mem. op.) (declining to extend merits based mandamus review to case in which elected judge of the trial court granted new trial following a bench trial to an assigned judge); In re Foster, No. 05–15– 00179–CV, 2015 WL 682335, at *1 (Tex. App.—Dallas Feb. 18, 2015, orig. proceeding) (mem. op.) (declining to extend mandamus review to order granting new trial following bench trial). This case does not provide a basis for revisiting those decisions. We deny the petition. /Craig Stoddart/ CRAIG STODDART JUSTICE 151239F.P05 –2–
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