in Re: Progressive County Mutual Insurance Company

DENY; and Opinion Filed May 18, 2015. S Court of Appeals In The Fifth District of Texas at Dallas No. 05-15-00628-CV IN RE PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, Relator Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-06233 MEMORANDUM OPINION Before Justices Lang, Fillmore, and Brown Opinion by Justice Fillmore Relator filed this petition for writ of mandamus complaining of the trial court’s denial of relator’s Motion for Late Designation of Expert Witness, and Alternatively, Motion for Continuance. Ordinarily, to obtain mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). We conclude relator has failed to establish a right to the relief requested. We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 150628F.P05