in Re: Primoris Services Corporation, James Construction Group, HNTB Corporation, and United Rentals North America, Inc.

Denied and Opinion Filed February 7, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00129-CV
IN RE PRIMORIS SERVICES CORPORATION, JAMES CONSTRUCTION GROUP,
HNTB CORPORATION, AND UNITED RENTALS NORTH AMERICA, INC., Relators
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-04449
MEMORANDUM OPINION
Before Justices Myers, Evans, and Whitehill
Opinion by Justice Whitehill
Before the Court is relators’ petition for writ of mandamus in which they complain of the
trial court’s order denying their motion for leave to designate intervenor the Texas Department of
Transportation (TxDOT) as a responsible third party. To be entitled to mandamus relief, a relator
must show both 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). Under the facts presented and based on the record before us (including, without
limitation, that Relators have not shown that they timely moved to designate TxDOT as a
potentially responsible third party or that they timely disclosed a liability theory against TxDOT),
we conclude that relators have not shown they are entitled to the relief requested.
Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a)
(the court must deny the petition if the court determines relator is not entitled to the relief sought).
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
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