In Re: Russell Finkelberg and Karen Gaugg v. the State of Texas ( 2023 )

DENIED and Opinion Filed March 3, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00142-CV
IN RE RUSSELL FINKELBERG AND KAREN GAUGG, Relators
Original Proceeding from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-21-02871-C
MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Kennedy
Opinion by Justice Smith
Before the Court is relators’ February 16, 2023 petition for writ of mandamus.
We deny the petition.
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). A relator need not show that it does not have an adequate remedy by
appeal when the complained-of order is void. In re Banigan, 05-22-01084-CV, 2023
WL 166206, at *3 (Tex. App.—Dallas Jan. 12, 2023, orig. proceeding) (mem. op.).
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).
/Craig Smith/
CRAIG SMITH
JUSTICE
230142F.P05
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