In Re: TRT Holdings, Inc., RBR Real Estate Holdings, LLC, Brian Zelman, and Adam Zeitsiff v. the State of Texas ( 2023 )

DENIED and Opinion Filed October 26, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01040-CV
IN RE TRT HOLDINGS, INC., RBR REAL ESTATE HOLDINGS, LLC,
BRIAN ZELMAN, AND ADAM ZEITSIFF, Relators
Original Proceeding from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-21-11406
MEMORANDUM OPINION
Before Justices Molberg, Partida-Kipness, and Breedlove
Opinion by Justice Breedlove
Before the Court is relators’ October 17, 2023 petition for writ of mandamus.
Relators challenge the trial court’s October 5, 2023 Order Denying Defendants’
Motion to Strike, Continue Trial Setting, Amend Scheduling Order, and Quash Jury
Demand. Also before the Court is relators’ October 17, 2023 motion for emergency
temporary relief, which relators supplemented by letter dated October 23, 2023.
Entitlement to mandamus relief requires relators to show that the trial court
clearly abused its discretion and that relators lack 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
that 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).
We also deny relators’ emergency motion as moot.
/Maricela Breedlove/
231040f.p05 MARICELA BREEDLOVE
JUSTICE
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