In Re: Sunoco Retail LLC, Sunoco, LLC, Sunoco Energy Services LLC, Gopetro Transport LLC, and Derrick Ray Lewis v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 14, 2023
• Docket: 05-23-00554-CV
• Status: Published

Opinion

DENIED and Opinion Filed July 14, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00554-CV

IN RE SUNOCO RETAIL LLC, SUNOCO, LLC, SUNOCO ENERGY SERVICES LLC, GOPETRO TRANSPORT LLC, AND DERRICK RAY LEWIS, Relators

Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-18306

MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Kennedy Before the Court is relators’ June 2, 2023 petition for writ of mandamus

wherein relators challenge the trial court’s April 18, 2023 Order of Transfer.

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

clearly abused its discretion and that relators lack 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

that 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).

/Nancy Kennedy/ NANCY KENNEDY JUSTICE

230554F.P05

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