In Re: Shouvik Bhattacharyya v. the State of Texas ( 2023 )


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  • DENIED and Opinion Filed August 28, 2023
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-23-00615-CV
    IN RE SHOUVIK BHATTACHARYYA, Relator
    Original Proceeding from the 191st Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-21-13508
    MEMORANDUM OPINION
    Before Justices Reichek, Smith, and Kennedy
    Opinion by Justice Kennedy
    In his June 22, 2023 petition for writ of mandamus, relator seeks relief from
    three trial court orders that, in pertinent part, impose sanctions and compel him to
    respond to discovery requests.
    Entitlement to mandamus relief requires relator to show that the trial court
    clearly abused its discretion and that relator lacks an adequate appellate remedy.
    In re Prudential Ins. Co. of Am., 
    148 S.W.3d 124
    , 135–36 (Tex. 2004) (orig.
    proceeding). After reviewing relator’s petition, real party’s response, relator’s reply,
    and the record before us, we conclude that relator has failed to demonstrate
    entitlement to mandamus relief.
    Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
    52.8(a).
    We also deny relator’s motion for leave to file a reply brief as moot.
    We also lift the stay issued by this Court’s June 23, 2023 Order and modified
    by this Court’s July 6, 2023 Order.
    /Nancy Kennedy/
    NANCY KENNEDY
    JUSTICE
    230615F.P05
    –2–
    

Document Info

Docket Number: 05-23-00615-CV

Filed Date: 8/28/2023

Precedential Status: Precedential

Modified Date: 8/30/2023