In Re: The State of Texas Appeal from County Court at Law No. 2 of Dallas County (memorandum opinion)

Annotate this Case

Download PDF

DENY and Opinion Filed September 23, 2022 In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00760-CV IN RE THE STATE OF TEXAS, Relator Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-02427-B MEMORANDUM OPINION Before Justices Myers, Nowell, and Goldstein Opinion by Justice Myers Relator, the State of Texas, has filed this petition for writ of mandamus complaining that (1) the trial court abused its discretion by striking the State’s intervention and (2) real party in interest lacks standing to bring the underlying suit. 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 the petition and the record before us, we conclude that the State has failed to demonstrate that the trial court abused its discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Also pending before the Court is relator’s motion to consolidate this original proceeding with two related appeals. Having denied the petition for writ of mandamus, we deny the motion as moot. 220760f.p05 /Lana Myers// LANA MYERS JUSTICE –2–

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.