in Re: Juan Flores and Sayra Flores, Individually and as Next Friends of L.F., S.F., and P.F., Minors ( 2022 )

DENY and Opinion Filed May 26, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00856-CV
IN RE JUAN FLORES AND SAYRA FLORES, INDIVIDUALLY AND AS
NEXT FRIENDS OF L.F., S.F. AND P.F., MINORS, Relators
Original Proceeding from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-060568
MEMORANDUM OPINION
Before Justices Molberg1, Reichek, and Goldstein
Opinion by Justice Reichek
In their petition for writ of mandamus, relators challenge the trial court’s
oral ruling denying relators’ motion to reconsider sixteen topics that had previously
been quashed for deposition of real party in interest’s corporate representative.
Entitlement to mandamus relief requires relators to show that the trial court
clearly abused its discretion and that they lack an adequate appellate remedy. In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
1
Justice Molberg dissents without opinion and would grant the writ.
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Based on our review of the petition, response, reply, records on mandamus,
and motions and responses filed in this proceeding, we conclude relators have
failed to demonstrate an abuse of discretion. Accordingly, we deny relators’
petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).
Real party in interest filed a motion to deny the petition for unreasonable
delay. Relator filed a motion to strike parts of real party’s supplemental record.
We deny the pending motions as moot.2
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
210856F.P05
2
We reviewed only that evidence that was before the trial court when it made its ruling.
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