DocketNumber: 05-21-00223-CV
Filed Date: 8/27/2021
Status: Precedential
Modified Date: 9/1/2021
Denied and Opinion Filed August 27, 2021 In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00223-CV IN RE ALL SAINTS CARE INJURY AND REHABILITATION CLINIC, INC. AND JACKSON C. EHIOGUH, Relators Original Proceeding from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-14060 MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Goldstein Opinion by Pedersen, III In their April 7, 2021 petition for writ of mandamus, relators challenge the trial court’s February 2, 2021 order granting real party Chase’s motion to strike relators’ jury demand. Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack an adequate appellate remedy. In re Prudential Ins. Co.,148 S.W.3d 124
, 135–36 (Tex. 2004) (orig. proceeding). Based on our review of the petition, real party in interest’s response, relators’ reply, and the record before us, we conclude that relators have failed to demonstrate an abuse of discretion. Accordingly, we deny the petition for writ of mandamus. 210223f.p05 /s/ Bill Pedersen, III BILL PEDERSEN, III JUSTICE –2–