in Re: Ace Parking Management, Inc.

• Court: Court of Appeals of Texas
• Decided: December 29, 2016
• Docket: 05-16-01478-CV
• Status: Published

Opinion

DENY; and Opinion Filed December 29, 2016.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01478-CV

IN RE ACE PARKING MANAGEMENT, INC., Relator

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-05179

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Evans Before the Court is relator’s December 21, 2016 amended petition for writ of mandamus.

The facts and issues are well known to the parties, so we need not recount them here.

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 relator has not shown it is entitled to the relief requested. See TEX. R. APP. P. 52.8(a);

Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we

deny relator’s amended petition for writ of mandamus. We also deny as moot relator’s

December 27, 2016 motion to stay trial setting.

/David Evans/ DAVID EVANS JUSTICE 161478F.P05