in Re: Fireman Excavating, Inc. ( 2020 )

DENY; Opinion Filed January 23, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01522-CV
IN RE FIREMAN EXCAVATING, INC., Relator
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-17-03267
MEMORANDUM OPINION
Before Justices Schenck, Reichek, and Evans
Opinion by Justice Schenck
Before the Court is relator Fireman Excavating, Inc.’s December 11, 2019 petition for writ
of mandamus seeking relief from the trial court’s December 9, 2019 Order Granting Plaintiffs’
Motion to Strike Defendant’s Designation of Responsible Third Parties as to TXDOT.
To be entitled to mandamus relief, relator must show both that the trial court has clearly
abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.
of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition, the
mandamus record, real party’s response, and relator’s reply, we conclude relator has not shown 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
191522F.P05
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