In Re: BE&K Building Group, LLC v. the State of Texas

Opinion

Denied and Opinion Filed November 13, 2024

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-24-00754-CV

IN RE BE&K BUILDING GROUP, LLC, Relator

Original Proceeding from the 354th District Court Hunt County, Texas

Trial Court Cause No. 92070

MEMORANDUM OPINION ON REHEARING Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Breedlove Relator filed a motion for rehearing of our July 1, 2024 memorandum opinion

and order denying relief. We deny the motion for rehearing. On our own motion, we withdraw our opinion and vacate our order of July 1, 2024, and issue this new memorandum opinion and order denying relief in their stead. This is now the opinion of the Court.

Relator’s June 21, 2024 petition for writ of mandamus challenges an October 9, 2023 order denying relator’s amended plea in abatement. A relator need only establish a trial court’s abuse of discretion to demonstrate entitlement to mandamus relief with regard to a plea in abatement in a dominant-jurisdiction case. In re J.B.

Hunt Trans., Inc., 492 S.W.3d 287, 299–300 (Tex. 2016) (original proceeding). After reviewing relator’s petition and the record before us, we conclude relator has failed to demonstrate a clear abuse of discretion.

Accordingly, we deny relator’s petition for writ of mandamus. TEX. R. APP.

P. 52.8(a).

240754f.p05 /Maricela Breedlove/ MARICELA BREEDLOVE

JUSTICE