in Re: Broderick Mondy and Addison Cooper Construction, LLC

• Court: Court of Appeals of Texas
• Decided: November 3, 2022
• Docket: 05-22-01156-CV
• Status: Published

Opinion

DENY and Opinion Filed November 3, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01156-CV

IN RE BRODERICK MONDY AND ADDISON COOPER CONSTRUCTION, LLC, Relators

Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-06573-2021

MEMORANDUM OPINION Before Chief Justice Burns, Justice Partida-Kipness, and Justice Smith Opinion by Chief Justice Burns Before the Court is relators’ October 26, 2022 petition for writ of mandamus

wherein relators’ seek relief from the trial court’s October 17, 2022 Order on

Defendants’ Motion to Vacate Prior Sanctions Order. Also before the Court is

relators’ October 26, 2022 Emergency Motion for Stay of Underlying Proceedings.

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

clearly abused its discretion and that relators 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 relators’ petition and the record before us, we conclude that relators have failed to demonstrate entitlement to mandamus relief. See TEX. R.

APP. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus. We also deny

relators’ emergency motion as moot.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

221156F.P05

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