in Re: Summer Infant (USA), Inc. ( 2022 )

DENY and Opinion Filed June 17, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00564-CV
IN RE SUMMER INFANT (USA), INC., Relator
Original Proceeding from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-14-02235-C
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Garcia
Opinion by Justice Molberg
Before the Court is relator’s May 6, 2022 petition for writ of mandamus. In
the petition, relator asks us to compel the trial court to rescind its mistrial order and
enter relator’s proposed judgment.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy. In
re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)). Based
on our review of the petition and the record, we conclude that relator has failed to
show an abuse of discretion.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
220564f.p05 /Ken Molberg/
KEN MOLBERG
JUSTICE
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