in Re: TSM Development and Kun W. Yu

• Court: Court of Appeals of Texas
• Decided: July 21, 2017
• Docket: 05-17-00853-CV
• Status: Published

Opinion

DENY; and Opinion Filed July 21, 2017.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00853-CV

IN RE TSM DEVELOPMENT, LLC AND KUN W. YU, Relators

Original Proceeding from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-11710

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Stoddart Opinion by Justice Lang-Miers Before the Court is relators’ July 20, 2017 petition for writ of mandamus in which they

complain of a May 19, 2017 order granting real party in interest’s motion to compel a post

judgment deposition duces tecum. 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).

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 170853F.P05