in Re: Gruenepointe Holdings, LLC

Denied and Opinion Filed October 2, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01115-CV
IN RE GRUENEPOINTE HOLDINGS, LLC, Relator
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-07674
MEMORANDUM OPINION
Before Justices Lang, Myers, and Whitehill
Opinion by Justice Myers
This original proceeding involves an order providing for advancement of litigation
expenses. Relator Gruenepointe Holding, LLC seeks a writ of mandamus directing the trial court
to vacate a June 12, 2018 order in which the trial court declared that real party in interest Kenneth
A. Kristofek was entitled to advancement of expenses incurred in connection with defending
against relator’s and its co-defendants’ counterclaims against Kristofek and ordered a procedure
for the parties to employ to resolve all current and future disputes concerning Kristofek’s
advancement requests.
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). Based on the record before us, we
conclude relator has not shown it is entitled to the relief requested. Relator has not shown a clear
abuse of discretion and relator has an adequate appellate remedy following a final judgment.
Accordingly, we deny relator’s 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).
/Lana Myers/
LANA MYERS
JUSTICE
181115F.P05
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