In Re: State Farm Mutual Automobile Insurance Company and Lindsey Nicole Dessart v. the State of Texas ( 2023 )

DENIED and Opinion Filed August 30, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00763-CV
IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
AND LINDSEY NICOLE DESSART, Relators
Original Proceeding from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-03203-2022
MEMORANDUM OPINION
Before Justices Partida-Kipness, Carlyle, and Garcia
Opinion by Justice Partida-Kipness
In their August 2, 2023 petition for writ of mandamus, relators challenge the
trial court’s denial of relators’ motion for severance and abatement.
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 and the record before us, we conclude
that relators have failed to demonstrate entitlement to 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 August 22, 2023 Order.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
Garcia, J., would have requested a response.
230763F.P05
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