in Re: Marc Marrocco and Tony Albanese

Opinion

Denied and Opinion Filed June 12, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00157-CV

IN RE MARC MARROCCO AND TONY ALBANESE, Relators

Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-07706

MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Pedersen, III Before the Court is relators’ petition for writ of mandamus in which they contend the trial

court abused its discretion by denying their motion for continuance of the briefing deadlines for

responding to a motion for summary judgment and by denying their motion for continuance of the

summary judgment hearing. 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). After reviewing

the petition, the real party in interest’s response, the mandamus record, and the supplemental and

second supplemental mandamus record, we conclude relators have not shown they are entitled to

the relief requested. Accordingly, we deny relators’ 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).

/Bill Pedersen, III/ BILL PEDERSEN. III JUSTICE

190157F.P05

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