DocketNumber: 05-19-00281-CV
Filed Date: 3/27/2019
Status: Precedential
Modified Date: 3/28/2019
DENIED and Opinion Filed March 27, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00281-CV IN RE INVASIX, INC., Relator Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-17175 MEMORANDUM OPINION Before Justices Bridges, Osborne, and Carlyle Opinion by Justice Bridges Before the Court is relator Invasix, Inc.’s petition for writ of mandamus, the response brief of real parties in interest Debbie James and Katylynn Clinich, and relator’s reply brief. In this original proceeding, relator seeks a writ of mandamus directing the trial court to continue the deadlines and hearing on the real parties in interest’s motion for summary judgment and to stay all trial court proceedings pending resolution of relator’s special appearance. 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. 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). /David L. Bridges/ DAVID L. BRIDGES JUSTICE 190281F.P05 –2–