in Re Charter Communications, LLC

DENY and Opinion Filed June 9, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00557-CV
IN RE CHARTER COMMUNICATIONS, LLC, Relator
Original Proceeding from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-20-01579-E
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Garcia
Opinion by Justice Garcia
Before the Court are relator’s June 8, 2022 petition for writ of mandamus and
motion for emergency temporary relief. In the petition, relator challenges the trial
court’s ruling granting real parties in interest’s motion for a spoliation instruction.
Entitlement to mandamus relief requires relator to show that the trial court
clearly abused its discretion and that relator lacks an adequate appellate remedy. In
re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)).
After reviewing the petition, record, and supplemental record, we conclude
that relator has failed to show that it lacks an adequate remedy by appeal.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).
We also deny the motion for emergency temporary relief as moot.
220557f.p05 /Dennise Garcia/
DENNISE GARCIA
JUSTICE
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