in Re: Megatel Homes III, LLC

• Court: Court of Appeals of Texas
• Decided: December 2, 2021
• Docket: 05-21-00891-CV
• Status: Published

Opinion

DENY and Opinion Filed December 2, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00891-CV

IN RE MEGATEL HOMES III, LLC, Relator

Original Proceeding from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-02960

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Smith In its October 13, 2021 petition for writ of mandamus, relator challenges the

trial court’s order expunging the notices of lis pendens. Entitlement to mandamus

relief requires relator to show that the trial court clearly abused its discretion and

that relator lacks an adequate remedy by appeal. In re Prudential Ins. Co., 148

S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Based on our review of the petition, response, reply, and the record, we

conclude that relator has failed to show a clear abuse of discretion. Accordingly, we

deny relator’s petition for writ of mandamus, and lift the stay issued by this Court’s

November 3, 2021 order. Having lifted the stay, we also deny as moot real parties in interest’s

emergency motion to reconsider the stay.

/Craig Smith/ CRAIG SMITH JUSTICE 210891F.P05

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