In Re: Baxter Planning Systems Opco, LLC and Baxter Planning Systems, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 29, 2024
• Docket: 05-23-01107-CV
• Status: Published

Opinion

Denied and Opinion Filed March 29, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01107-CV

IN RE BAXTER PLANNING SYSTEMS OPCO, LLC AND BAXTER PLANNING SYSTEMS, LLC, Relators

Original Proceeding from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-22-05770-C

MEMORANDUM OPINION Before Justices Partida-Kipness, Carlyle, and Garcia Opinion by Justice Partida-Kipness In this original proceeding, relators Baxter Planning Systems Opco, LLC and

Baxter Planning Systems, LLC seek mandamus relief from the trial court’s denial of

their motion to dismiss based on a contractual forum-selection clause. Relators have

also filed an emergency motion seeking a stay of the underlying proceedings pending

resolution of this original proceeding.

Entitlement to mandamus relief requires relators to show that the trial court

clearly abused its discretion and that they lack an adequate appellate remedy. In re

Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition and the record before us, we conclude that relators have

not demonstrated that the trial court abused its discretion.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). Having denied the petition, we also deny as moot relators’ stay motion.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 231107F.P05

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