In Re: Motor Carrier 1476454 Jason Stanford D/B/A Rollin' Smoke at the Attache v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 18, 2024
• Docket: 05-24-00685-CV
• Status: Published

Opinion

DENIED and Opinion Filed July 18, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00685-CV

IN RE MOTOR CARRIER #1476454 JASON STANFORD D/B/A ROLLIN’ SMOKE AT THE ATTACHE, Relator

Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-23-18441

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Molberg In its June 7, 2024 petition for writ of mandamus, relator challenges the trial

court’s denial of its motion for summary judgment.

Relator’s petition does not comply with the Texas Rules of Appellate

Procedure in numerous respects. See, e.g., TEX. R. APP. P. 52.3(d), 52.3(g), 52.3(h),

52.3(k)(1)(A), 52.7(a), 52.7(c)(2).

Even if these defects did not exist, we would deny the petition. Entitlement to

mandamus relief requires a relator to show that the trial court clearly abused its

discretion and that the relator lacks an adequate appellate remedy. In re Prudential

Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). “[M]andamus is generally unavailable when a trial court denies summary judgment,

no matter how meritorious the motion.” In re McAllen Med. Ctr., Inc., 275 S.W.3d

458, 465 (Tex. 2008) (orig. proceeding). After reviewing relator’s petition and the

record before us, we conclude that relator has failed to demonstrate entitlement to

mandamus relief.

Accordingly, we deny relator’s petition. See TEX. R. APP. P. 52.8(a).

/Ken Molberg/ KEN MOLBERG 240685F.P05 JUSTICE

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