in Re Buena Vista Landscapes LLC ( 2019 )

Opinion issued August 16, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-19-00526-CV
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IN RE BUENA VISTA LANDSCAPES LLC, Relator
Original Proceeding on Petition for Writ of Mandamus
MEMORANDUM OPINION
Relator Buena Vista Landscapes LLC filed a petition for writ of mandamus
seeking to compel the trial court to withdraw its order granting partial summary
judgment in favor of real party in interest Maverick Tube Corporation.1 We deny
relief.
1
The underlying case is Maverick Tube Corporation v. Buena Vista Landscapes LLC,
cause number 2016-34915, pending in the 133rd District Court of Harris County,
Texas, the Honorable Jaclanel McFarland presiding.
Mandamus is an extraordinary remedy that is available only when the relator
demonstrates that the trial court abused its discretion and there is no adequate remedy
by appeal. See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005) (orig.
proceeding); In re Prudential Ins. Co., 148 S.W.3d 124, 135 (Tex. 2004) (orig.
proceeding). Relator has not demonstrated that its remedy by appeal is inadequate.
Accordingly, we deny the petition. Any pending motions are dismissed as
moot.
PER CURIAM
Panel consists of Justices Kelly, Hightower, and Countiss.
2