In Re: Red Bird Trails Apartments, Bridgeway Capital, LLC and NCM Management, LTD v. the State of Texas ( 2024 )

Denied and Opinion Filed July 12, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00823-CV
IN RE RED BIRD TRAILS APARTMENTS,
BRIDGEWAY CAPITAL, LLC, AND NCM MANAGEMENT, LTD,
Relators
Original Proceeding from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-17-00945-A
MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Miskel
Opinion by Justice Partida-Kipness
Before the Court are relators’ July 11, 2024 petition for writ of mandamus and
emergency motion for temporary relief. In their petition, relators seek to compel the
trial court to grant them a mandatory continuance or, alternatively, to either exclude
certain newly disclosed evidence or grant a limited continuance and allow relators
to conduct discovery on the newly disclosed evidence. In their emergency motion,
relators seek to stay all trial court proceedings, including the July 15, 2024 jury trial,
pending our action on the petition.
Entitlement to mandamus relief requires a relator to show the trial court
clearly abused its discretion and the 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 relators’ petition and the record before us, we conclude
relators have failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a). Having denied relators’ petition, we also deny as moot relators’ emergency
motion.
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
240823F.P05 JUSTICE
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