in Re: State Farm Mutual Automobile Insurance Company and Todd Joseph Dauper ( 2019 )

Denied; Opinion Filed August 22, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00920-CV
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AND TODD
JOSEPH DAUPER, Relators
Original Proceeding from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-17-05914-D
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Nowell
Opinion by Justice Nowell
Before the Court is relators’ August 5, 2019 petition for writ of mandamus in which relators
contend the trial court abused its discretion by denying their motion to abate extra-contractual
claims in the underlying underinsured motorist lawsuit. To be entitled to mandamus relief, relators
must show both that the trial court has clearly abused its discretion and that relators have no
adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). After reviewing the petition and the mandamus record, 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).
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
190920F.P05
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