In Re: David Scott Hayes v. the State of Texas

DENIED and Opinion Filed August 30, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00998-CV

IN RE DAVID SCOTT HAYES, Relator

Original Proceeding from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-56446-2010

MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Garcia
In his August 21, 2024 petition for writ of mandamus, relator asks this Court

to reinstate the underlying divorce proceeding after the trial court dismissed it for

want of prosecution. Entitlement to mandamus relief requires a relator to show that

the trial court clearly abused its discretion and that the relator lacks an adequate

appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex.

2004) (orig. proceeding). After reviewing relator’s petition and the record before us,

we conclude that relator has failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Dennise Garcia/
DENNISE GARCIA
JUSTICE
240998F.P05

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