in Re: Aspen Heights Construction, LLC

DENY and Opinion Filed March 3, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00093-CV
IN RE ASPEN HEIGHTS CONSTRUCTION, LLC, Relator
Original Proceeding from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-20-15745
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Garcia
Opinion by Justice Molberg
In this original proceeding, relator challenges the trial court’s January 31,
2022 contempt order. 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).
Based on the record before us, we conclude relator has not shown its
entitlement to the relief requested. See In re Rowes, No. 05-14-00606-CV, 2014 WL
2452723, at *1 (Tex. App.—Dallas May 30, 2014, orig. proceeding) (mem. op.) (“A
court cannot grant mandamus relief unless the error was raised in the trial court.”).
Accordingly, we deny the petition for writ of mandamus. We also lift the stay issued
by our February 7, 2022 order.
/Ken Molberg/
KEN MOLBERG
220093f.p05 JUSTICE
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