DENY; and Opinion Filed April 23, 2015.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00462-CV
IN RE NAVEED KLAIR AND HUFSA CHEEMA, Relators
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-11404
MEMORANDUM OPINION
Before Justices Francis, Myers, and Schenck
Opinion by Justice Schenck
Relators filed this petition for writ of mandamus requesting that the Court order the trial
court to vacate its order setting aside the default judgment relator obtained against two of the real
parties in interest and granting real parties in interest a new trial. We have recently declined to
extend merits based mandamus review to trial court orders granting new trial following bench
trials. See In re Dixon, No. 05-15-00242-CV, 2015 WL 1183596, at *1 (Tex. App.—Dallas
Mar. 16, 2015, orig. proceeding) (mem. op.) (declining to extend merits based mandamus review
to case in which elected judge of the trial court granted new trial following a bench trial to an
assigned judge); In re Foster, No. 05-15-00179-CV, 2015 WL 682335, at *1 (Tex. App.—Dallas
Feb. 18, 2015, orig. proceeding) (mem. op.) (declining to extend mandamus review to order
granting new trial following bench trial). Our reasoning applies with similar force to trial court
orders granting new trial following default judgments.
We DENY the petition for writ of mandamus.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
150462F.P05
–2–
in Re: Naveed Klair and Hufsa Cheema
Combined Opinion