DocketNumber: 05-21-00231-CV
Filed Date: 4/20/2021
Status: Precedential
Modified Date: 4/28/2021
DENY and Opinion Filed April 20, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00231-CV IN RE BURNCO TEXAS, LLC, Relator Original Proceeding from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-05488 MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Goldstein Opinion by Justice Osborne Relator’s April 9, 2021 petition for writ of mandamus challenges the trial court’s order compelling three apex depositions. Entitlement to mandamus relief requires relator to show that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co.,148 S.W.3d 124
, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition and record, we conclude that relator has not demonstrated a clear abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny relator’s emergency motion for temporary relief as moot. /Leslie Osborne/ LESLIE OSBORNE JUSTICE 210231F.P05 –2–