In Re: Nicholas D. Mosser v. the State of Texas ( 2023 )

DENY and Opinion Filed June 5, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00377-CV
IN RE NICHOLAS D. MOSSER, Relator
Original Proceeding from the 471st Judicial District Court
Collin County, Texas
Trial Court Cause No. 471-06006-2019
MEMORANDUM OPINION
Before Justices Partida-Kipness, Carlyle, and Garcia
Opinion by Justice Partida-Kipness
In his April 26, 2023 petition for writ of mandamus, relator complains that the
trial court violated the automatic stay of the bankruptcy code by setting hearings in
the underlying matter. Entitlement to mandamus relief requires relator to
demonstrate that the trial court clearly abused its discretion and that he lacks an
adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–
36 (Tex. 2004) (orig. proceeding).
After reviewing the petition and the record before us, we conclude that relator
has failed to show his entitlement to the relief requested.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a).
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
230377F.P05
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