in Re: Hillview Village, LP and Fireside Custom Homes, LLC ( 2018 )

DENY; and Opinion Filed December 10, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01282-CV
IN RE HILLVIEW VILLAGE, LP AND FIRESIDE CUSTOM HOMES, LLC, Relators
Original Proceeding from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-04442-2018
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Stoddart
Before the Court is relators’ petition for writ of mandamus in which they contend the trial
court clearly abused its discretion by denying relators’ motion to dissolve a writ of garnishment
and refusing to resolve the issue of ownership of the funds in an expedited hearing under rule of
civil procedure 664a. 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). Based on the record
before us, we conclude relators have not shown they are entitled to the relief requested.
Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the
court must deny the petition if the court determines relator is not entitled to the relief sought).
/Craig Stoddart/
CRAIG STODDART
181282F.P05 JUSTICE