in Re: Greystar Development & Construction, LP, Gabriella Nationwide, LLC and Gabriella Tower, LLC

• Court: Court of Appeals of Texas
• Decided: July 8, 2022
• Docket: 05-22-00618-CV
• Status: Published

Opinion

DENY and Opinion Filed July 08, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00618-CV

IN RE GREYSTAR DEVELOPMENT & CONSTRUCTION, LP, GABRIELLA NATIONWIDE, LLC AND GABRIELLA TOWER, LLC, Relators

Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-19-04006-B

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Molberg In their June 23, 2022 petition for writ of mandamus, relators challenge the

trial court’s orders (1) granting real parties in interest’s “Motion for Entry of Trial

Schedule,” and (2) compelling apex depositions for three top-level executives.

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

abused its discretion and that they lack 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, real parties in interest’s response, relators’ reply,

and the record, we conclude that relators have failed to show a clear abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R.

APP. P. 52.8(a). We also lift the stay issued by our June 24, 2022 order.

/Ken Molberg// KEN MOLBERG 220618f.p05 JUSTICE

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