In Re: Lodgecap DFW, L.P. and Intermountain Management, LLC v. the State of Texas

CourtCourt of Appeals of Texas
DecidedFebruary 6, 2024
Docket05-23-00964-CV
StatusPublished

This text of In Re: Lodgecap DFW, L.P. and Intermountain Management, LLC v. the State of Texas (In Re: Lodgecap DFW, L.P. and Intermountain Management, LLC v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In Re: Lodgecap DFW, L.P. and Intermountain Management, LLC v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

DENY and Opinion Filed February 6, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00964-CV

IN RE LODGECAP DFW, L.P. AND INTERMOUNTAIN MANAGEMENT, LLC, Relators

Original Proceeding from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-10519

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Reichek In this original proceeding, relators seek mandamus relief from the trial

court’s order excluding certain expert testimony in the underlying personal injury

action. Entitlement to mandamus relief requires relators to demonstrate that the trial

court clearly abused its discretion and that they lack an adequate remedy by appeal.

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

proceeding).

After reviewing relators’ petition and the record before us, we conclude that

relators have failed to demonstrate their entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 230964F.P05

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Related

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

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In Re: Lodgecap DFW, L.P. and Intermountain Management, LLC v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lodgecap-dfw-lp-and-intermountain-management-llc-v-the-state-of-texapp-2024.