in Re: C&K King Enterprises, LLC D/B/A Kwik Kar Lube and Auto Care-Greenville Ave. ( 2018 )

Denied and Opinion Filed April 20, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00407-CV
IN RE C&K KING ENTERPRISES, LLC D/B/A KWIK KAR LUBE AND AUTO CARE-
GREENVILLE AVE., Relator
Original Proceeding from the 162nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-07804
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Boatright
Before the Court is relator’s petition for writ of mandamus in which relator complains of
the trial court’s order striking relator’s designation of responsible third parties. We deny the
petition.
To be entitled to 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). The Texas Civil Practice and Remedies
Code provides:
After adequate time for discovery, a party may move to strike the designation of a
responsible third party on the ground that there is no evidence that the designated
person is responsible for any portion of the claimant's alleged injury or damage.
The court shall grant the motion to strike unless a defendant produces sufficient
evidence to raise a genuine issue of fact regarding the designated person's
responsibility for the claimant's injury or damage.
TEX. CIV. PRAC. & REM. CODE § 33.004(l). To prevail against a motion to strike the designation
of a responsible third party, the defendant “must produce sufficient evidence to raise a fact issue
regarding the RTP’s responsibility to the claimant.” Flack v. Hanke, 334 S.W.3d 251, 262 (Tex.
App.—San Antonio 2010, pet. denied). Based on the record before us, we conclude relator did
not meet that burden and has, therefore, not shown the trial court abused its discretion.
Because we have determined that relator is in not entitled to the relief sought, we deny the
petition for writ of mandamus. TEX. R. APP. P. 52.8(a).
/Jason Boatright/
JASON BOATRIGHT
JUSTICE
180407F.P05
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