In Re NC and MI, LLC v. the State of Texas

Opinion

Opinion issued January 22, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-26-00055-CV ——————————— IN RE NC & MI LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, NC & MI LLC, filed a petition for writ of mandamus asserting that

the trial court abused its discretion by granting the motion for sanctions filed by real

party in interest, EGR Construction Inc., and further by striking relator’s trial

exhibits and trial witnesses.1 Relator requested that this Court “find that [the trial

1 The underlying case is NC & MI LLC v. EGR Construction Inc., Cause No. 2024-09635, in the 215th District Court of Harris County, Texas, the Honorable Nathan J. Milliron presiding. court] should not have granted [r]eal [p]arty in [i]nterest’s Motion for Sanctions and

also, to consider [s]triking and [e]xcluding [r]elator’s [t]rial [e]xhibits and [t]rial

[w]itnesses, and that [the trial court’s] actions in [its] handling of this case

constitute[d] a clear abuse of discretion.”

We conclude that relator has failed to establish it is entitled to mandamus

relief, and therefore, the Court denies relator’s petition for writ of mandamus. We

dismiss any pending motion as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Dokupil.