in Re: The Unknown Heirs, and Heirs Whose Whereabouts is Unknown, of Thelma Francies Shaw Brady ( 2018 )


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  • DENY; and Opinion Filed December 17, 2018.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-01315-CV
    IN RE THE UNKNOWN HEIRS, AND HEIRS WHOSE WHEREABOUTS IS
    UNKNOWN, OF THELMA FRANCIES SHAW BRADY, Relators
    Original Proceeding from the County Court at Law No. 2
    Grayson County, Texas
    Trial Court Cause No. 025128
    MEMORANDUM OPINION
    Before Justices Lang-Miers, Fillmore, and Stoddart
    Opinion by Justice Lang-Miers
    Before the Court is relators’ petition for writ of mandamus in which they complain of the
    trial court’s denial of relators’ motion to dismiss for lack of jurisdiction. To be entitled to
    mandamus relief, a relator must show both that the trial court has clearly abused its discretion and
    that relator has no adequate appellate remedy. In re Prudential Ins. Co., 
    148 S.W.3d 124
    , 135–36
    (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have not shown
    they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ of
    mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines
    relator is not entitled to the relief sought).
    /Elizabeth Lang-Miers/
    ELIZABETH LANG-MIERS
    181315F.P05                                         JUSTICE
    

Document Info

Docket Number: 05-18-01315-CV

Filed Date: 12/17/2018

Precedential Status: Precedential

Modified Date: 12/18/2018