In Re: Texas Capital Bank F/K/A Texas Capital Bank, N.A. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 15, 2024
• Docket: 05-24-00119-CV
• Status: Published

Opinion

DENIED and Opinion Filed February 15, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00119-CV

IN RE TEXAS CAPITAL BANK F/K/A TEXAS CAPITAL BANK, N.A., Relator

Original Proceeding from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-07128

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Molberg Before the Court is relator’s February 6, 2024 petition for writ of mandamus.

Relator challenges the trial court’s January 19, 2024 Order Granting Defendant’s

Motion to Compel the Deposition of Rob Holmes.

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 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).

240119f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

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