in Re: Flores Framing Construction, LLC

• Court: Court of Appeals of Texas
• Decided: April 20, 2015
• Docket: 05-15-00461-CV
• Status: Published

Opinion

DENIED and Opinion Filed April 20, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00461-CV

IN RE FLORES FRAMING CONSTRUCTION, LLC, Relator

Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-13-04416-E

MEMORANDUM OPINION Before Justices Francis, Myers, and Schenck Opinion by Justice Myers In this petition for writ of mandamus arising from a personal injury case, relator requests

that the Court order the trial court to amend its March 16, 2015 order denying relator’s motion

for permissive interlocutory appeal so that the order “expressly rules on the controlling legal

questions of this case” and grants permission for an interlocutory appeal from the trial court’s

order denying summary judgment. Ordinarily, to obtain mandamus relief, a 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., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Relator has not met those requirements. We deny the petition.

/Lana Myers/ 150461F.P05 LANA MYERS JUSTICE