In Re: TRT Holdings, Inc., RBR Real Estate Holdings, LLC, Brian Zelman, and Adam Zeitsiff v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 26, 2023
• Docket: 05-23-01040-CV
• Status: Published

Opinion

DENIED and Opinion Filed October 26, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01040-CV

IN RE TRT HOLDINGS, INC., RBR REAL ESTATE HOLDINGS, LLC, BRIAN ZELMAN, AND ADAM ZEITSIFF, Relators

Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-11406

MEMORANDUM OPINION Before Justices Molberg, Partida-Kipness, and Breedlove Opinion by Justice Breedlove Before the Court is relators’ October 17, 2023 petition for writ of mandamus.

Relators challenge the trial court’s October 5, 2023 Order Denying Defendants’

Motion to Strike, Continue Trial Setting, Amend Scheduling Order, and Quash Jury

Demand. Also before the Court is relators’ October 17, 2023 motion for emergency

temporary relief, which relators supplemented by letter dated October 23, 2023.

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).

We also deny relators’ emergency motion as moot.

/Maricela Breedlove/ 231040f.p05 MARICELA BREEDLOVE JUSTICE

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