In Re: Robert Wolf and Aya Healthcare, Inc v. the State of Texas ( 2024 )

DENY and Opinion Filed May 6, 2024
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01305-CV
IN RE ROBERT WOLF AND AYA HEALTHCARE, INC., Relators
Original Proceeding from the 95th District Court
Dallas County, Texas
Trial Court Cause No. DC-23-19865
MEMORANDUM OPINION
Before Justices Pedersen, III, Nowell, and Miskel
Opinion by Justice Nowell
In this original proceeding, relators Robert Wolf and Aya Healthcare, Inc.,
seek a writ of mandamus compelling the trial court to (1) refrain from enforcing
“Category (b)” of the November 14, 2023 order and (2) require real parties in interest
to respond to certain interrogatories and produce the documents and witnesses
requested in relators’ motion for expedited discovery.
Entitlement to mandamus relief requires relators to show that the trial court
clearly abused its discretion and that they lack an adequate remedy by appeal. In re
Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).
After reviewing the petition, real parties in interest’s response, the reply, and
the record before us, we conclude that relators have failed to demonstrate entitlement
to the relief requested.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.
52.8(a). We also lift the stay issued by our January 3, 2024 order.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
231305F.P05
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