in Re: Pulte Homes of Texas , LP

Opinion

DENY; and Opinion Filed July 26, 2016.

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-16-00590-CV

IN RE PULTE HOMES OF TEXAS, LP, Relator

Original Proceeding from the 416th Judicial District Court Collin County, Texas

Trial Court Cause No. 416-04147-2013

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Schenck Opinion by Justice Lang-Miers Before the Court is relator’s petition for writ of mandamus in which relator seeks review

of the denial of a motion to disqualify plaintiff’s counsel. The facts and issues are well known to the parties, so we need not recount them here.

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. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).

Accordingly, we DENY relator’s petition for writ of mandamus.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE

160590F.P05