in Re: Texas Slots & Gaming Inc., TSG Alpha Investments LLC, and John Wilson Paterson

• Court: Court of Appeals of Texas
• Decided: June 1, 2022
• Docket: 05-22-00494-CV
• Status: Published

Opinion

Deny and Opinion Filed June 1, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00494-CV

IN RE TEXAS SLOTS & GAMING INC., TSG ALPHA INVESTMENTS LLC, AND JOHN WILSON PATERSON, Relators

Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-06804-2021

MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Before the Court are relators Texas Slots & Gaming, Inc., TSG Alpha

Investments, LLC, and John Wilson Paterson’s petition for writ of mandamus and

emergency motion for temporary relief. In the petition, relators challenge the trial

court’s order denying their 91a motion to dismiss various breach of contract and

fraud causes of action asserted against them by real party in interest Stellar

Restoration Services, LLC.

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

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

Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)). After

reviewing relators’ petition and the record, we conclude relators have failed to show

the trial court abused its discretion. Accordingly, we deny relators’ petition for writ

of mandamus. See TEX. R. APP. P. 52.8(a).

/Cory L. Carlyle// 220494f.p05 CORY L. CARLYLE JUSTICE

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