In Re: Yorkshire West Capital Inc. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: May 13, 2024
• Docket: 05-23-01212-CV
• Status: Published

Opinion

DENIED and Opinion Filed May 13, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01212-CV

IN RE YORKSHIRE WEST CAPITAL INC., Relator

Original Proceeding from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-94-03613

MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Pedersen, III In its December 1, 2023 petition for writ of mandamus, relator challenges a

trial court’s post-judgment order vacating a previously issued turnover order,

contending it is void for having been issued after the trial court’s plenary power

expired.

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). A trial court abuses its discretion by entering a void order, and the

relator need not establish lack of an adequate appellate remedy to obtain mandamus relief. In re Briseno, No. 05-22-01174-CV, 2022 WL 17663634, at *1 (Tex. App.—

Dallas Dec. 14, 2022, orig. proceeding) (mem. op.). After reviewing the petition, the

response, the reply, 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).

/Bill Pedersen, III/ BILL PEDERSEN, III 231212F.P05 JUSTICE

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