In Re: Perry's Restaurant, LTD D/B/A Perry's Steakhouse & Grill v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 26, 2024
• Docket: 05-24-00969-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 26, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00969-CV

IN RE PERRY'S RESTAURANT, LTD D/B/A PERRY'S STEAKHOUSE & GRILL, Relator

Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-00739-B

MEMORANDUM OPINION Before Justices Pedersen, III, Smith, and Garcia Opinion by Justice Garcia Before the Court is relator’s August 16, 2024 petition for writ of mandamus.

Relator challenges the trial court’s May 21, 2024 Order Denying Defendant Perry’s

Restaurants, Ltd.’s Motion to Sever.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (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 the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Dennise Garcia/ DENNISE GARCIA 240969F.P05 JUSTICE

–2–