in Re: Hillview Village, LP and Fireside Custom Homes, LLC

• Court: Court of Appeals of Texas
• Decided: December 10, 2018
• Docket: 05-18-01282-CV
• Status: Published

Opinion

DENY; and Opinion Filed December 10, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01282-CV

IN RE HILLVIEW VILLAGE, LP AND FIRESIDE CUSTOM HOMES, LLC, Relators

Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-04442-2018

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Stoddart Before the Court is relators’ petition for writ of mandamus in which they contend the trial

court clearly abused its discretion by denying relators’ motion to dissolve a writ of garnishment

and refusing to resolve the issue of ownership of the funds in an expedited hearing under rule of

civil procedure 664a. To be entitled to 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). Based on the record

before us, we conclude relators have not shown they are entitled to the relief requested.

Accordingly, we deny relators’ 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 entitled to the relief sought).

/Craig Stoddart/ CRAIG STODDART 181282F.P05 JUSTICE