In re Jodi Buttarazzi-El Shariff and Dawn Buttarazzi

Summary

The Ninth Court of Appeals of Texas denied Jodi Buttarazzi-El Shariff and Dawn Buttarazzi’s petition for a writ of mandamus and motion for temporary relief. The relators sought to compel the probate court to rule on an ADA Title II request for reasonable modifications, reconsider a motion to reinstate, and clarify the claims remaining for trial.

Holdings

1. Relators did not show that the trial court clearly abused its discretion or that they lacked an adequate remedy by appeal; therefore, they were not entitled to a writ of mandamus.
2. The motion for temporary relief was denied.

Questions Presented

1. Whether relators demonstrated a clear abuse of discretion and lack of an adequate remedy by appeal sufficient to warrant mandamus relief.
2. Whether relators were entitled to temporary relief while their mandamus petition was pending.

Disposition

writ_denied