In Re: Robert Wolf and Aya Healthcare, Inc v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 6, 2024
• Docket: 05-23-01305-CV
• Status: Published

Opinion

DENY and Opinion Filed May 6, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01305-CV

IN RE ROBERT WOLF AND AYA HEALTHCARE, INC., Relators

Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-23-19865

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Nowell In this original proceeding, relators Robert Wolf and Aya Healthcare, Inc.,

seek a writ of mandamus compelling the trial court to (1) refrain from enforcing

“Category (b)” of the November 14, 2023 order and (2) require real parties in interest

to respond to certain interrogatories and produce the documents and witnesses

requested in relators’ motion for expedited discovery.

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

clearly abused its discretion and that they lack an adequate remedy by appeal. In re

Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition, real parties in interest’s response, the reply, and

the record before us, we conclude that relators have failed to demonstrate entitlement

to the relief requested.

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

52.8(a). We also lift the stay issued by our January 3, 2024 order.

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE 231305F.P05

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