In Re: Shouvik Bhattacharyya v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 28, 2023
• Docket: 05-23-00615-CV
• Status: Published

Opinion

DENIED and Opinion Filed August 28, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00615-CV

IN RE SHOUVIK BHATTACHARYYA, Relator

Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-13508

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Kennedy

In his June 22, 2023 petition for writ of mandamus, relator seeks relief from

three trial court orders that, in pertinent part, impose sanctions and compel him to

respond to discovery requests.

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, real party’s response, relator’s reply,

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).

We also deny relator’s motion for leave to file a reply brief as moot.

We also lift the stay issued by this Court’s June 23, 2023 Order and modified

by this Court’s July 6, 2023 Order.

/Nancy Kennedy/ NANCY KENNEDY JUSTICE

230615F.P05

–2–