In Re: United Rentals North America, Inc. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 7, 2024
• Docket: 05-24-00673-CV
• Status: Published

Opinion

DENIED and Opinion Filed June 7, 2024

S In the Court of Appeals Fifth District of Texas at Dallas No. 05-24-00673-CV

IN RE UNITED RENTALS NORTH AMERICA, INC., Relator

Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-04449

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Breedlove Opinion by Justice Carlyle Before the Court are relator’s June 4, 2024 petition for writ of mandamus and

emergency motion for temporary relief. In its petition, relator contends that the trial

court abused its discretion by refusing to set its motion to transfer venue for hearing

and by striking the motion to transfer venue. In its emergency motion, relator seeks

to stay the trial specially set for June 10, 2024.

Entitlement to mandamus relief requires a relator to show that the trial court

clearly abused its discretion and that the 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). We also deny relator’s emergency motion as moot.

/Cory L. Carlyle/ CORY L. CARLYLE 240673F.P05 JUSTICE

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