in Re Lakshmi Saineha Dharmapuram

Court of Appeals of Texas·Decided February 18, 2020·No. 05-20-00061-CV·Published

Opinion

Denied and Opinion Filed February 18, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-20-00061-CV

IN RE LAKSHMI SAINEHA DHARMAPURAM, Relator

Original Proceeding from the County Court at Law No. 5 Dallas County, Texas

Trial Court Cause No. CC-1806428-E

MEMORANDUM OPINION

Before Justices Schenck, Partida-Kipness, and Nowell Opinion by Justice Nowell Relator Lakshmi Sai Neha Dharmapuram filed this petition for a writ of mandamus

challenging the trial court’s November 7, 2019 order granting real party in interest’s motion to strike the section 18.001 counteraffidavits of Ryan Robinson and Gireesh G. Sharda. Entitlement to mandamus relief requires relator to 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). After reviewing the petition for writ of mandamus and mandamus record, we conclude relator has failed to show her remedy by appeal is inadequate. See In re Jeremiah Parks, No. 05-19-00375-CV, slip op. at 5 (Tex. App—Dallas Feb. 18, 2020, orig. proceeding) (mem. op.); In re Flores, No. 01-19-00484-CV, 2020 WL 425297, at *1–2 (Tex. App.—Houston [1st Dist.] Jan. 28, 2020, orig. proceeding).

Accordingly, we deny relator’s 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).

/Erin A. Nowell/

ERIN A. NOWELL

JUSTICE

200061F.P05

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)