in Re: BMW of North America, LLC

• Court: Court of Appeals of Texas
• Decided: January 27, 2022
• Docket: 05-21-00529-CV
• Status: Published

Opinion

DENY and Opinion Filed January 27, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00529-CV

IN RE BMW OF NORTH AMERICA, LLC, Relator

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-02329

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Reichek In this original proceeding, relator complains about the trial court’s denial of

its request to excuse waived objections to requests for production. Entitlement to

mandamus relief requires relator to show that the trial court clearly abused its

discretion and that relator lacks an adequate appellate remedy. In re Prudential Ins.

Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition for writ of mandamus, real party in

interest’s response, relator’s reply, and the record, we conclude that relator has failed

to show its entitlement to the relief requested. See TEX. R. APP. P. 52.8(a). Accordingly, we deny the petition. We also lift the stay issued by this Court’s

July 1, 2021 order.

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

210529F.P05

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