in Re: Ethicon, Inc. and Johnson & Johnson ( 2022 )

DENIED and Opinion Filed December 13, 2022
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01321-CV
IN RE ETHICON, INC. AND JOHNSON & JOHNSON, Relators
Original Proceedings from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-19-05461-D
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Carlyle
Before the Court is relators’ December 12, 2022 petition seeking a writ of
mandamus compelling the trial court (1) to vacate its order denying relators’ motion
for mistrial and (2) to declare a mistrial.
Entitlement to mandamus relief requires relators to show that the trial court
clearly abused its discretion and that relators lack an adequate appellate remedy. In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). After reviewing relators’ petition, real party in interest’s response,
relators’ reply, and the record before us, we conclude that relator has failed to
demonstrate entitlement to the requested mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
We also lift the stay issued by this Court’s December 12, 2022 Order.
/Cory L. Carlyle//
221321f.p05 CORY L. CARLYLE
JUSTICE
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