In Re: Robert Taylor and Lisa Taylor Appeal from County Court at Law No. 5 of Dallas County (memorandum opinion)
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Denied and Opinion Filed January 9, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00023-CV IN RE ROBERT TAYLOR AND LISA TAYLOR, Relators Original Proceeding from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-17-04973-E MEMORANDUM OPINION Before Justices Francis, Evans, and Schenck Opinion by Justice Evans In this original proceeding, relators complain that the trial court abated the underlying case for a brief, definite time before ruling on relators’ motion to dismiss the real party in interest’s bill of review. Relators seek a writ of mandamus directing the trial court to rule on relators’ motion to dismiss. To be entitled to mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought). 180023F.P05 /David Evans/ DAVID EVANS JUSTICE
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