in Re: Allen M. Johnston and Greentech Environmental, LLC

Court of Appeals of Texas·Decided August 27, 2018·No. 05-18-00943-CV·Published

Opinion

Denied and Opinion Filed August 27, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00943-CV

IN RE ALLEN M. JOHNSTON AND GREENTECH ENVIRONMENTAL, LLC, Relators

Original Proceeding from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-13481

MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Bridges In this original proceeding, relators complain of the trial court’s verbal ruling granting a

continuance of the hearing on relators’ special appearance to permit limited jurisdictional

discovery. 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).

/David L. Bridges/ DAVID L. BRIDGES JUSTICE 180943F.P05

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)