In Re: North Ponderosa, LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 31, 2023
• Docket: 05-23-00744-CV
• Status: Published

Opinion

DENY and Opinion Filed July 31, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00744-CV

IN RE NORTH PONDEROSA, LLC, Relator

Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-06-03299

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Breedlove Opinion by Justice Molberg Relator’s July 28, 2023 petition for writ of mandamus challenges the 2015

final judgment as void. Generally, entitlement to mandamus relief requires relator to

demonstrate that the trial court clearly abused its discretion and that relator lacks an

adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–

36 (Tex. 2004) (orig. proceeding). When a trial court issues a void order, however,

relator need not show it did not have an adequate appellate remedy. In re Sw. Bell

Tel. Co., 35 S.W.3d 602, 605 (Tex. 2000) (orig. proceeding) (per curiam).

After reviewing the petition and the record before us, we conclude that relator

has failed to show entitlement to the relief requested. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the

petition, we also deny as moot relator’s July 28, 2023 emergency motion for

temporary relief.

230744f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

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