in Re: My Modular, LLC

DENIED and Opinion Filed March 5, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00158-CV
IN RE MY MODULAR, LLC, Relator
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-03765
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Whitehill
In this original proceeding, relator My Modular, LLC complains of the trial court’s orders
striking relator’s responsible third party designations, denying relator’s motion for reconsideration
of the order striking the designations, striking relator’s first amended answer and cross-claims, and
denying relator leave to file the first amended answer and cross-claims.
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 at this time.
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).
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
190158F.P05
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