In Re: United Specialty Insurance Company v. the State of Texas ( 2023 )

DENY and Opinion Filed March 21, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00036-CV
IN RE UNITED SPECIALTY INSURANCE COMPANY, Relator
Original Proceeding from the 95th District Court
Dallas County, Texas
Trial Court Cause No. DC-22-01250
MEMORANDUM OPINION
Before Justices Reichek, Nowell, and Miskel
Opinion by Justice Nowell
In this original proceeding, relator seeks mandamus relief from the trial
court’s order granting real party in interest’s motion to quash non-party discovery
requests and motion for protection.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate remedy by appeal. 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
relator 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).
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
230036F.P05
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