In Re: Red Bird Trails Apartments, Bridgeway Capital, LLC and NCM Management, LTD v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 12, 2024
• Docket: 05-24-00823-CV
• Status: Published

Opinion

Denied and Opinion Filed July 12, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00823-CV

IN RE RED BIRD TRAILS APARTMENTS, BRIDGEWAY CAPITAL, LLC, AND NCM MANAGEMENT, LTD, Relators

Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-17-00945-A

MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness Before the Court are relators’ July 11, 2024 petition for writ of mandamus and

emergency motion for temporary relief. In their petition, relators seek to compel the

trial court to grant them a mandatory continuance or, alternatively, to either exclude

certain newly disclosed evidence or grant a limited continuance and allow relators

to conduct discovery on the newly disclosed evidence. In their emergency motion,

relators seek to stay all trial court proceedings, including the July 15, 2024 jury trial,

pending our action on the petition. Entitlement to mandamus relief requires a relator to show the trial court

clearly abused its discretion and the 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 relators’ petition and the record before us, we conclude

relators have failed to demonstrate entitlement to mandamus relief.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a). Having denied relators’ petition, we also deny as moot relators’ emergency

motion.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS 240823F.P05 JUSTICE

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