In Re: Connie Denise Sigel in Her Capacity as Independent of the Estate of Flo Delmarene McCarthy v. the State of Texas ( 2023 )

DENIED and Opinion Filed June 16, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00598-CV
IN RE CONNIE DENISE SIGEL IN HER CAPACITY AS INDEPENDENT
EXECUTRIX OF THE ESTATE OF FLO DELMARENE MCCARTHY,
DECEASED, Relator
Original Proceeding from the Probate Court No. 1
Dallas County, Texas
Trial Court Cause No. PR-18-00439-1
MEMORANDUM OPINION
Before Justices Reichek, Carlyle, and Kennedy
Opinion by Justice Kennedy
In her June 14, 2023 petition for writ of mandamus, relator seeks relief from
two probate court orders issued in connection with an independent estate
administration. The first order set aside an earlier distribution order. The second
order is a pretrial scheduling order, setting certain issues for a jury trial.
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 Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). Relator bears the burden of providing the Court with a sufficient record
to show she is entitled to relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992)
(orig. proceeding). After reviewing relator’s petition and the record before us, we
conclude that relator has failed to demonstrate an entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
We also deny relator’s emergency motion to stay as moot.
/Nancy Kennedy/
NANCY KENNEDY
JUSTICE
230598F.P05
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