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DENY and Opinion Filed December 6, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01143-CV IN RE JADA WATSON, Relator Original Proceeding from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-07717 MEMORANDUM OPINION Before Chief Justice Burns and Justices Partida-Kipness and Smith Opinion by Justice Partida-Kipness Relator Jada Watson brings this original proceeding to challenge the designation of an unknown driver as a responsible third party in her personal injury suit. Relator disputes whether the real parties’ allegations—that relator’s injuries “are the result” of the unknown driver’s “criminal” conduct of committing a “hit- and-run”—are sufficient to give fair notice of a claim that the unknown driver’s criminal act caused relator’s injury. See TEX. CIV. PRAC. & REM. CODE § 33.004(j); In re YRC Inc.,
646 S.W.3d 805, 809 (Tex. 2022) (orig. proceeding). “Mandamus relief is warranted when a trial court clearly abuses its discretion and the relator has no adequate remedy by appeal.” YRC, 646 S.W.3d at 808. After reviewing the petition and the mandamus record, we conclude relator has not shown she is entitled to the relief requested. See In re Windstar Trucking, LLC, No. 08-21- 00001-CV, __S.W.3d__, __,
2022 WL 3699963, at *3 (Tex. App.—El Paso Aug. 26, 2022, orig. proceeding). Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. CIV. P. 52.8(a). /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 221143F.P05 –2–
Document Info
Docket Number: 05-22-01143-CV
Filed Date: 12/6/2022
Precedential Status: Precedential
Modified Date: 12/14/2022