in Re: Megatel Homes III, LLC ( 2021 )

DENY and Opinion Filed December 2, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00891-CV
IN RE MEGATEL HOMES III, LLC, Relator
Original Proceeding from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-02960
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Smith
Opinion by Justice Smith
In its October 13, 2021 petition for writ of mandamus, relator challenges the
trial court’s order expunging the notices of lis pendens. Entitlement to mandamus
relief requires relator to show that the trial court clearly abused its discretion and
that relator lacks an adequate remedy by appeal. In re Prudential Ins. Co., 148
S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
Based on our review of the petition, response, reply, and the record, we
conclude that relator has failed to show a clear abuse of discretion. Accordingly, we
deny relator’s petition for writ of mandamus, and lift the stay issued by this Court’s
November 3, 2021 order.
Having lifted the stay, we also deny as moot real parties in interest’s
emergency motion to reconsider the stay.
/Craig Smith/
CRAIG SMITH
JUSTICE
210891F.P05
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