in Re: International Hospital Corporation Holding N v.

Opinion

DENY; and Opinion Filed August 23, 2016.

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-16-00615-CV

IN RE INTERNATIONAL HOSPITAL CORPORATION HOLDING N.V., Relator

Original Proceeding from the 160th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-14-06257

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Schenck Opinion by Justice Schenck Before the Court is relator’s petition for writ of mandamus in which it seeks relief from

the trial court’s July 10, 2015 abatement order and the trial court’s March 29, 2016 denial of relator’s motion to lift abatement. The facts and issues are well known to the parties, so we need not recount them here.

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 relator has not shown it is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).

Accordingly, we DENY relator’s petition for writ of mandamus.

/s/ David Schenck

DAVID SCHENCK

JUSTICE

160615F.P05