in Re: Progressive County Mutual Insurance Company ( 2015 )

DENY; and Opinion Filed May 18, 2015.
S
Court of Appeals
In The
Fifth District of Texas at Dallas
No. 05-15-00628-CV
IN RE PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, Relator
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-06233
MEMORANDUM OPINION
Before Justices Lang, Fillmore, and Brown
Opinion by Justice Fillmore
Relator filed this petition for writ of mandamus complaining of the trial court’s denial of
relator’s Motion for Late Designation of Expert Witness, and Alternatively, Motion for
Continuance. Ordinarily, to obtain 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). We conclude
relator has failed to establish a right to the relief requested.
We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
150628F.P05