in Re Toyota Motor Sales, U.S.A., Inc. Toyota Motor Corporation, Toyota Motor North America, Inc., Toyota Motor Engineering & Manufacturing North America, Inc., and Edward Mantey

• Court: Court of Appeals of Texas
• Decided: July 17, 2018
• Docket: 05-18-00807-CV
• Status: Published

Opinion

DENY; and Opinion Filed July 17, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00807-CV

IN RE TOYOTA MOTOR SALES, U.S.A., INC. TOYOTA MOTOR CORPORATION, TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC., AND EDWARD MANTEY, Relators

Original Proceeding from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-15296

MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Whitehill Opinion by Justice Fillmore Before the Court is relators’ petition for writ of mandamus in which they seek relief from

rulings compelling discovery of “unintended acceleration” evidence. To be entitled to mandamus

relief, a relator must show both that the trial court has clearly abused its discretion and that relator

has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004)

(orig. proceeding). Based on the record before us, we conclude relators have not shown they are

entitled to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See

TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not

entitled to the relief sought).

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE 180807F.P05