in Re: YRC Inc. D/B/A YRC Freight

• Court: Court of Appeals of Texas
• Decided: August 27, 2021
• Docket: 05-21-00205-CV
• Status: Published

Opinion

Denied and Opinion Filed August 27, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00205-CV

IN RE YRC INC. D/B/A YRC FREIGHT, Relator

Original Proceeding from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-16-1591

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Goldstein Opinion by Justice Osborne In its April 1, 2021 petition for writ of mandamus, relator challenges the trial

court’s February 24, 2021 order denying the motion for leave to designate a

responsible third party. Entitlement to mandamus relief requires relator to show that

the trial court clearly abused its discretion and that he lacks an adequate appellate

remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding).

Based on our review of the petition, real party in interest’s response, relator’s

reply, and the record before us, we conclude that relator has failed to demonstrate an

abuse of discretion. Accordingly, we deny the petition for writ of mandamus. We

also lift the stay issued by this Court’s April 14, 2021 order. 210205f.p05 /Leslie Osborne// LESLIE OSBORNE JUSTICE

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