In H-E-B, LP v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 13, 2023
• Docket: 01-23-00435-CV
• Status: Published

Opinion

Opinion issued July 13, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00435-CV ——————————— IN RE H-E-B, LP, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, H-E-B, LP, filed a petition for a writ of mandamus challenging the

trial court’s May 30, 2023 order transferring venue of the underlying trial court cause

to Bexar County, Texas.1 Relator requests that the Court “enter a writ of mandamus

1 The underlying case is Vanessa Toledo v. H-E-B, LP, H.E. Butt Grocery Company, H.E.B., Inc., and Ross Rhoton, Cause No. 2022-73790, in 190th District Court of Harris County, Texas, the Honorable Beau A. Miller presiding. directing the [trial court] to order the transfer of venue to Montgomery County, [and]

that HEB recover its costs of [c]ourt.”

Our review of relator’s mandamus petition reflects that relator has failed to

establish that it is entitled to mandamus relief requested in the petition. Accordingly,

we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Any

pending motion is dismissed as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Guerra and Farris.