in Re: National Health Investors, Inc. and NHI-REIT of AXEL, LLC

Denied and Opinion Filed October 30, 2018
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01295-CV
IN RE NATIONAL HEALTH INVESTORS, INC.
AND NHI-REIT OF AXEL, LLC, Relators
Original Proceeding from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-07841
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Stoddart
Opinion by Justice Stoddart
Before the Court is relators’ petition for writ of mandamus in which they complain of the
trial court’s October 24, 2018 temporary restraining order. 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 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).
/Craig Stoddart/
CRAIG STODDART
181295F.P05 JUSTICE