in Re: Marc Marrocco and Tony Albanese

Denied and Opinion Filed June 12, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00157-CV
IN RE MARC MARROCCO AND TONY ALBANESE, Relators
Original Proceeding from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-07706
MEMORANDUM OPINION
Before Justices Whitehill, Partida-Kipness, and Pedersen, III
Opinion by Justice Pedersen, III
Before the Court is relators’ petition for writ of mandamus in which they contend the trial
court abused its discretion by denying their motion for continuance of the briefing deadlines for
responding to a motion for summary judgment and by denying their motion for continuance of the
summary judgment hearing. 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). After reviewing
the petition, the real party in interest’s response, the mandamus record, and the supplemental and
second supplemental mandamus record, we conclude 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 Pedersen, III/
BILL PEDERSEN. III
JUSTICE
190157F.P05
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