in Re: Fireman Excavating, Inc.

Opinion

DENY; Opinion Filed January 23, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-01522-CV

IN RE FIREMAN EXCAVATING, INC., Relator

Original Proceeding from the 101st Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-17-03267

MEMORANDUM OPINION

Before Justices Schenck, Reichek, and Evans Opinion by Justice Schenck Before the Court is relator Fireman Excavating, Inc.’s December 11, 2019 petition for writ

of mandamus seeking relief from the trial court’s December 9, 2019 Order Granting Plaintiffs’ Motion to Strike Defendant’s Designation of Responsible Third Parties as to TXDOT.

To be entitled to mandamus relief, relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition, the mandamus record, real party’s response, and relator’s reply, we conclude relator has not shown it is entitled to the relief requested. Accordingly, we deny relator’s petition for writ of mandamus. See Tex. R. App. P. 52.8(a) (the court must deny the petition if the court determines relator is not

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entitled to the relief sought).

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE

191522F.P05