in Re: Suncoast Post-Tension, Ltd ( 2021 )

DENY and Opinion Filed October 7, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00808-CV
IN RE SUNCOAST POST-TENSION, LTD., Relator
Original Proceeding from the County Court of Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-21-02901-D
MEMORANDUM OPINION
Before Justices Schenck, Nowell, and Garcia
Opinion by Justice Garcia
In its September 20, 2021 petition for writ of mandamus, relator challenges
the trial court’s August 12, 2021 order granting a verified petition requesting
deposition to investigate potential claims filed by the Real Party in Interest, Edgar
Berrios, under Texas Rules of Civil Procedure 202. Entitlement to mandamus
relief requires relator to show that the trial court clearly abused its discretion and
that he lacks an adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d
124, 135–36 (Tex. 2004) (orig. proceeding).
Based on our review of the petition and record, we conclude relator has
failed to demonstrate an entitlement to mandamus relief. Accordingly, we deny
the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We deny relator’s
motion for emergency temporary relief as moot.
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
210808F.P05