In Re: James Dondero, Stephanie Vitiello, Jean Paul Sevilla, Mary Kathryn Lucas, Mathew DiOrio, Isaac Leventon and Scott Ellington v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 31, 2024
• Docket: 05-24-00381-CV
• Status: Published

Opinion

Denied and Opinion Filed October 31, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00381-CV

IN RE JAMES DONDERO, STEPHANIE VITIELLO, JEAN PAUL SEVILLA, MARY KATHRYN LUCAS, MATHEW DIORIO, ISAAC LEVENTON, AND SCOTT ELLINGTON, Relators

Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-03214

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Pedersen, III Before the Court is relators’ April 1, 2024 petition for writ of mandamus.

Relators ask this Court to compel the trial court to vacate the trial court’s March 19,

2024 Order Granting Respondents’ Motion to Compel Compliance with the Court’s

2023 Order and to Hold Witnesses and Counsel in Contempt.

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

clearly abused its discretion and that relators lack an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relators’ petition and status reports, real parties in interest’s response, and the record before us, we conclude that relators have 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 lift the stay issued by this Court’s April 18, 2024 order.

/Bill Pedersen, III// 240381f.p05 BILL PEDERSEN, III JUSTICE

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