In Re: Dump Bodies, Inc. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 8, 2023
• Docket: 08-23-00056-CV
• Status: Published

Opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

§

IN RE: DUMP BODIES, INC., § No. 08-23-00056-CV

§ AN ORIGINAL PROCEEDING

Relator. § IN MANDAMUS

MEMORANDUM OPINION

Before the Court is relators’ February 9, 2023, petition for writ of mandamus wherein

relators seek relief from the trial court’s denial of their motions to compel discovery. The three

orders relator’s seek mandamus are “Order denying Defendant’s Motion to compel and for

Sanctions”, “Order Denying Defendant’s Motion to Produce TEX. R. EVID. 1006 Backup

Materials”, and “Order Granting Plaintiff’s Motion to Quash and for Protective Order.”

Entitlement to mandamus relief requires relators to demonstrate that the trial court clearly

abused its discretion and that they lack 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 relators’ petition and the record before us, we conclude that relators have

failed to demonstrate entitlement to mandamus relief. Accordingly, we deny relators’ petition for

writ of mandamus. YVONNE T. RODRIGUEZ, Chief Justice

June 8,2023

Before Rodriguez, C.J., Palafox, and Soto, JJ.