in Re: Wages & White Lion Investments, LLC D/B/A Triton Distribution, SB Premium, LLC D/B/A Suicide Bunny, Tiffany Gresham and Larry Gresham

DENY and Opinion Filed July 30, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00650-CV
IN RE WAGES & WHITE LION INVESTMENTS, LLC D/B/A TRITON
DISTRIBUTION, SB PREMIUM, LLC D/B/A SUICIDE BUNNY, TIFFANY
GRESHAM AND LARRY GRESHAM, Relators
Original Proceeding from the 68th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-00359-C
MEMORANDUM OPINION
Before Justice Molberg, Justice Reichek, and Justice Smith
Opinion by Justice Molberg
In this original proceeding, relators challenge the trial court’s March 8, 2021
ruling denying their motion to strike the opposing party’s amended petition. A writ
of mandamus issues to correct a clear abuse of discretion when no adequate remedy
by appeal exists. Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig.
proceeding). Although mandamus is not an equitable remedy, its issuance is largely
controlled by equitable principles. Rivercenter Assocs. v. Rivera, 858 S.W.2d 366,
367 (Tex. 1993) (orig. proceeding). One such principle is that “equity aids the
diligent and not those who slumber on their rights.” Id. (internal brackets and
quotation marks omitted).
An unexplained delay of four months or more can constitute laches and result
in denial of mandamus relief. See Rivera, 858 S.W.2d at 366 (unexplained delay of
more than four months); Int’l Awards, Inc. v. Medina, 900 S.W.2d 934, 936 (Tex.
App.—Amarillo 1995, orig. proceeding) (unexplained delay of more than four
months and waited until eve of trial); Furr’s Supermarkets, Inc. v. Mulanax, 897
S.W.2d 442, 443 (Tex. App.—El Paso 1995, no writ) (unexplained four-month delay
in challenging discovery orders); Bailey v. Baker, 696 S.W.2d 255, 256 (Tex.
App.—Houston [14th Dist.] 1985, orig. proceeding) (unexplained four-month delay
and filed two weeks before trial).
Here, relators did not file the petition for writ of mandamus until July 28,
2021—more than four and a half months from the challenged oral ruling and three
months after the trial court signed the complained-of order. We conclude that
relators’ unexplained delay bars their right to mandamus relief. See Furr’s
Supermarkets, 897 S.W.2d at 443. Accordingly, we deny the petition for writ of
mandamus.
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Having denied mandamus relief, we also deny relators’ July 28, 2021 motion
for temporary relief and stay as moot.
/Ken Molberg/
KEN MOLBERG
JUSTICE
210650F.P05
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