in Re: Levy Premium Food Service, LLC D/B/A Levy Restaurants ( 2020 )

DENIED and Opinion Filed January 3, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01554-CV
IN RE LEVY PREMIUM FOOD SERVICE, LLC D/B/A LEVY RESTAURANTS, Relator
Original Proceeding from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-18-06335-A
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Evans
Opinion by Justice Schenck
Before the Court is relator’s December 19, 2019 petition for writ of mandamus. In its
petition, relator requests this Court to vacate the trial court’s October 15, 2019 order denying
relator’s motion to transfer and to direct the trial court to enter an order transferring this case to
the 160th Judicial District Court, where an earlier suit relator contends arises out of the same
transaction or occurrence is pending. To be entitled to mandamus relief, relator must show both
that the trial court has clearly abused its discretion and that relators have no adequate appellate
remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After
reviewing the petition and mandamus record, we conclude relator has failed to show it is entitled
to the relief requested.
Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a)
(the court must deny the petition if the court determines relator is not entitled to the relief
sought).
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
191554F.P05
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