In Re: Gary Sinise Foundation Appeal from Collin County Probate of Collin County (memorandum opinion)

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DENIED and Opinion Filed August 31, 2023 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00633-CV IN RE GARY SINISE FOUNDATION, Relator Original Proceeding from the Collin County Probate Collin County, Texas Trial Court Cause No. PB1-0352-2022 MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Reichek Before the Court is relator’s June 28, 2023 petition for writ of mandamus wherein relator contends the trial court has refused to rule on a motion to compel arbitration. 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, real party in interest’s response, relator’s reply, and the record properly 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). /Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 230633F.P05 –2–

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