in Re: My Modular, LLC

• Court: Court of Appeals of Texas
• Decided: March 5, 2019
• Docket: 05-19-00158-CV
• Status: Published

Opinion

DENIED and Opinion Filed March 5, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00158-CV

IN RE MY MODULAR, LLC, Relator

Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-03765

MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Whitehill In this original proceeding, relator My Modular, LLC complains of the trial court’s orders

striking relator’s responsible third party designations, denying relator’s motion for reconsideration

of the order striking the designations, striking relator’s first amended answer and cross-claims, and

denying relator leave to file the first amended answer and cross-claims.

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). Based on the record before us, we

conclude relator has not shown it is entitled to the relief requested at this time. 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).

/Bill Whitehill/ BILL WHITEHILL JUSTICE

190158F.P05

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