in Re: Burnco Texas, LLC

• Court: Court of Appeals of Texas
• Decided: April 20, 2021
• Docket: 05-21-00231-CV
• Status: Published

Opinion

DENY and Opinion Filed April 20, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00231-CV

IN RE BURNCO TEXAS, LLC, Relator

Original Proceeding from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-05488

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Goldstein Opinion by Justice Osborne Relator’s April 9, 2021 petition for writ of mandamus challenges the trial

court’s order compelling three apex depositions. Entitlement to mandamus relief

requires relator to show 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). After reviewing the petition and record,

we conclude that relator has not demonstrated a clear abuse of 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 relator’s emergency motion for

temporary relief as moot.

/Leslie Osborne/ LESLIE OSBORNE JUSTICE

210231F.P05

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