In Re: Dallas Plastic Surgery Institute, Inc. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 3, 2023
• Docket: 05-23-00220-CV
• Status: Published

Opinion

DENIED and Opinion Filed April 3, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00220-CV

IN RE DALLAS PLASTIC SURGERY INSTITUTE, INC., Relator

Original Proceeding from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-15793

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Goldstein Before the Court is relator’s March 10, 2023 petition for writ of mandamus

wherein relator seeks relief from the trial court’s order denying its motion for partial

summary judgment.

To be entitled to mandamus relief, a relator must show (1) the trial court

clearly abused its discretion and (2) the relator lacks an adequate remedy by appeal.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding).

After reviewing relator’s petition and the record before us, we conclude that

relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE

230220F.P05

–2–