In Re: Dynamic SLR Inc., Mohammad Elashi and Synaptic Solar, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 17, 2024
• Docket: 05-23-00908-CV
• Status: Published

Opinion

DENIED and Opinion Filed April 17, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00908-CV

IN RE DYNAMIC SLR INC., MOHAMMAD ELASHI, AND SYNAPTIC SOLAR, LLC, Relators

Original Proceeding from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-22-04389-D

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Reichek Before the Court is relators’ September 14, 2023 petition for writ of

mandamus. Relators challenge the trial court’s July 10, 2023 Order Denying

Defendants’ Plea in Abatement.

Entitlement to mandamus relief ordinarily requires a relator to show that the

trial court clearly abused its discretion and that relator lacks an adequate appellate

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

proceeding). A relator, however, need only establish a trial court’s abuse of

discretion to demonstrate entitlement to mandamus relief with regard to a plea in abatement in a dominant-jurisdiction case. In re J.B. Hunt Trans., Inc., 492 S.W.3d

287, 299–300 (Tex. 2016) (original proceeding).

After reviewing the petition and the record before us, we conclude that relators

failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R.

APP. P. 52.8(a).

/Amanda L. Reichek/ AMANDA L. REICHEK 230908F.P05 JUSTICE

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