In Re Safe Way Carrier LLC v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 20, 2025
• Docket: 01-25-00951-CV
• Status: Published

Opinion

Opinion issued November 20, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00951-CV ——————————— IN RE SAFE WAY CARRIER LLC, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Safe Way Carrier LLC, filed a petition for writ of mandamus

challenging the trial court’s September 25, 2025 “Order Denying Special

Appearance of [Relator] Safe Way Carrier LLC.”1 Relator alleged that the trial court

abused its discretion by denying its special appearance and requested that the Court

1 The underlying case is Yurii Pavlichko v. Amul Logistics Corp. and Safe Way Carrier LLC, Cause No. 2025-15789, in the 61st District Court of Harris County, Texas, the Honorable Lee Kathryn Shuchart presiding. “issue a writ of mandamus directing [the trial court] to vacate [its] [o]rder of

September 25, 2025, and to sustain the Special Appearance asserted by [r]elator.”

In connection with its petition writ of mandamus, relator also filed an

“Emergency Motion for Stay Pending Resolution of Petition for Writ of

Mandamus.” In its motion, relator requested that the Court grant an “immediate stay

of all proceedings in the underlying case pending this Court’s resolution” of relator’s

petition for writ of mandamus. Relator stated that the relief “was necessary to

preserve the status quo.”

We conclude that relator has failed to establish it is entitled to mandamus

relief, and therefore the Court denies relator’s petition for writ of mandamus. See In

re Allstate Indem. Co., 622 S.W.3d 870, 875 (Tex. 2021) (discussing mandamus

standard that to be entitled to mandamus relief, relator “must show both that the trial

court clearly abused its discretion, and that [relator] has no adequate remedy by

appeal”); see also TEX. CIV. PRAC. & REM. CODE ANN. 51.014(a)(7) (permitting

appeal from interlocutory trial court order that “grants or denies the special

appearance of a defendant under Rule 120a, Texas Rules of Civil Procedure”). We

dismiss any pending motions, including relator’s Emergency Motion for Stay

Pending Resolution of Petition for Writ of Mandamus as moot.

PER CURIAM

Panel consists of Justices Guerra, Guiney, and Johnson.