in Re: Gail Corder Fischer

DENY and Opinion Filed September 20, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00787-CV
IN RE GAIL CORDER FISCHER, Relator
Original Proceeding from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-17340
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Goldstein
Opinion by Justice Goldstein
In this original proceeding, relator Gail Fischer seeks mandamus relief from
the trial court’s order (1) granting real party in interest’s motion to strike her
exceptions to the auditor’s report and (2) denying her motion for leave to file the
exceptions. Entitlement to mandamus relief requires relator to show that the trial
court clearly abused its discretion and that she 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 amended 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).
Having denied the petition, we also deny relator’s stay motion as moot.
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
220787F.P05
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