In Re: Summer Infant (USA), Inc. Appeal from County Court at Law No. 3 of Dallas County (memorandum opinion)

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Denied and Opinion Filed October 16, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00672-CV IN RE SUMMER INFANT (USA), INC., Relator Original Proceeding from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-14-02235-C MEMORANDUM OPINION Before Justices Myers, Molberg, and Evans Opinion by Justice Myers Before the Court is relator’s July 14, 2020 petition for writ of mandamus. In the petition, relator asks this Court to compel the trial court to: (1) rescind its order granting a mistrial; and (2) enter judgment for relator based on the original jury verdict. Entitlement to mandamus relief requires relator to 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 petition, real parties in interest’s response, and the record before us, we conclude relator has failed to show its entitlement to the relief requested. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny relator’s motion for temporary relief and stay as moot. /Lana Myers/ LANA MYERS JUSTICE 200672F.P05 –2–

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