in Re: Fiesta Mart, Inc. ( 2014 )

DENY; and Opinion Filed September 10, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00934-CV
IN RE FIESTA MART, INC., Relator
Original Proceeding from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-13-06510-A
MEMORANDUM OPINION
Before Justices FitzGerald, Francis, and Lewis
Opinion by Justice Lewis
Relator filed this petition for writ of mandamus requesting that the Court order the trial court to
vacate its order denying relator’s motion to quash the deposition of relator’s corporate representative.
The facts and issues are well-known to the parties so we do not recount them here. 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). Based on the record before us, we conclude relator has not shown it is
entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839–
40 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relator’s petition for writ of mandamus.
/David Lewis/
DAVID LEWIS
JUSTICE
140934F.P05