In Re: Aleida Falkiner and John Harvey Appeal from Probate Court No. 1 of Dallas County (memorandum opinion)

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Denied and Opinion Filed November 27, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01365-CV IN RE ALEIDA FALKINER AND JOHN HARVEY, Relators Original Proceeding from the Probate Court No. 1 Dallas County, Texas Trial Court Cause No. PR-14-04331-1 MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Bridges In this original proceeding, relators seek a writ of mandamus directing the trial court to vacate its severance order that bifurcates the parties’ claims for two trials. 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). 181365F.P05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE

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