in Re: Teresa Ward Cooper ( 2022 )

DENY and Opinion Filed May 27, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00515-CV
IN RE TERESA WARD COOPER, Relator
Original Proceeding from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-00556-2021
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Carlyle
Opinion by Justice Reichek
Relator’s May 26, 2022 petition for writ of mandamus challenges the trial
court’s failure to rule on her pending “Application for Peremptory Writ of
Mandamus, and For Appointment of District Clerk Pro Tempore.” Relator also asks
us to direct the trial court to vacate the notice of its intent to dismiss the underlying
suit for want of prosecution.
Entitlement to mandamus relief requires relator to show that the trial court has
clearly abused its discretion and that she has 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 record before us, we conclude that relator has an
adequate remedy by appeal. See TEX. R. APP. P. 52.8(a); see In re Brown, No. 05-
14-00169-CV, 2014 WL 1031043, at *1 (Tex. App.—Dallas Feb. 26, 2014, orig.
proceeding) (mem. op.) (noting that relator has adequate remedy to challenge the
trial court’s dismissal of case for want of prosecution despite pending motion to
compel arbitration and objection to date of dismissal hearing).
Accordingly, we deny the petition for writ of mandamus. Having denied the
petition, we also deny relator’s May 26, 2022 emergency motion as moot.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
220515F.P05
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