In Re: HEB Homes, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 24, 2023
• Docket: 05-23-00478-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 24, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00478-CV

IN RE HEB HOMES, LLC, Relator

Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-01643

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Pedersen, III Before the Court are relator’s May 18, 2023 petition for writ of mandamus

and motion for temporary stay. Relator challenges the trial court’s May 9, 2023

Order Granting Plaintiff’s Motion for Leave to Conduct Net Worth Discovery.1

Entitlement to mandamus relief requires 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.

1 We question whether relator’s petition includes an adequate certification. See TEX. R. APP. P. 52.3(j). We assume without deciding that relator’s certification is adequate. proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

We also deny relator’s motion for temporary stay as moot.

230478f.p05 /Bill Pedersen, III// BILL PEDERSEN, III JUSTICE

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