in Re: Broderick Mondy and Addison Cooper Construction, LLC ( 2022 )

DENY and Opinion Filed November 3, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01156-CV
IN RE BRODERICK MONDY AND ADDISON COOPER
CONSTRUCTION, LLC, Relators
Original Proceeding from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-06573-2021
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Partida-Kipness, and Justice Smith
Opinion by Chief Justice Burns
Before the Court is relators’ October 26, 2022 petition for writ of mandamus
wherein relators’ seek relief from the trial court’s October 17, 2022 Order on
Defendants’ Motion to Vacate Prior Sanctions Order. Also before the Court is
relators’ October 26, 2022 Emergency Motion for Stay of Underlying Proceedings.
Entitlement to mandamus relief requires relators to show that the trial court
clearly abused its discretion and that relators lack an adequate appellate remedy. In
re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). After reviewing relators’ petition and the record before us, we conclude
that relators have failed to demonstrate entitlement to mandamus relief. See TEX. R.
APP. P. 52.8(a).
Accordingly, we deny the petition for writ of mandamus. We also deny
relators’ emergency motion as moot.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
221156F.P05
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