in Re L & M Botruc Rental, Inc.

• Court: Court of Appeals of Texas
• Decided: May 17, 2016
• Docket: 14-16-00244-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Opinion filed May 17, 2016.

In The

Fourteenth Court of Appeals

NO. 14-16-00244-CV

IN RE L & M BOTRUC RENTAL, INC., Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS County Court No. 3 Galveston County, Texas Trial Court Cause No. CV-0072453

MEMORANDUM OPINION

On March 28, 2016, relator L & M Botruc Rental, Inc. filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Jack Ewing, presiding judge of the County Court No. 3 of Galveston County, to (1) vacate his March 10, 2016 “Order Denying Botruc’s Motion to Dismiss Based on Forum Non Conveniens”, and (2) dismiss the case for forum non conveniens.

To obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Relator has not established that the trial court clearly abused its discretion. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Jamison, Donovan, and Brown.