in Re: Dallas Plumbing Company

• Court: Court of Appeals of Texas
• Decided: June 21, 2022
• Docket: 05-22-00473-CV
• Status: Published

Opinion

Deny and Opinion Filed June 21, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00473-CV

IN RE DALLAS PLUMBING COMPANY, Relator

Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-06093

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Before the Court is relator’s petition for writ of mandamus, real party in

interest’s response, and relator’s reply. In the petition, relator asks us to compel the

trial court to rescind its order denying its motion for leave to designate a responsible

third party and grant leave of court to designate Dallas Excavation Systems, Inc. as

a responsible third party.

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 Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re

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

reviewing the petition, response, reply, and the record, we conclude that relator has failed to show an abuse of discretion. Accordingly, we deny the petition for writ of

mandamus. See TEX. R. APP. P. 52.8(a).

/Cory L. Carlyle/ 220473f.p05 CORY L. CARLYLE JUSTICE

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