In Re: State Farm Mutual Automobile Insurance Company and Todd Joseph Dauper v. the State of Texas

DENIED and Opinion Filed August 9, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00876-CV

IN RE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
AND TODD JOSEPH DAUPER, Relators

Original Proceeding from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-23-00225-D

MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Miskel
Opinion by Justice Nowell
Before the Court is relators’ July 24, 2024 petition for writ of mandamus.

Relators challenge the trial court’s July 17, 2024 Order Denying Defendants’ Motion

to Abate Trial Pending Appeal (3rd Motion to Abate). Also before the Court is

relators’ July 24, 2024 emergency motion for temporary relief.

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). 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). Having denied the petition, we also deny relators’ emergency motion as

moot.

/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE

240876F.P05

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