In Re: Children's Medical Center of Dallas v. the State of Texas ( 2023 )

DENY and Opinion Filed August 31, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00718-CV
IN RE CHILDREN’S MEDICAL CENTER OF DALLAS, Relator
Original Proceeding from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-22-02427-B
MEMORANDUM OPINION
Before Justices Molberg, Goldstein, and Breedlove
Opinion by Justice Breedlove
In this original proceeding, relator seeks mandamus relief from the trial
court’s July 19, 2023 order denying its Rule 91a motion to dismiss the conspiracy
and intentional infliction of emotional distress claims. 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 entitlement to the relief requested.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
230718f.p05 /Maricela Breedlove/
MARICELA BREEDLOVE
JUSTICE
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