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In re Calcasieu Ref. Co.

Court of Appeals of Texas, Ninth District, Beaumont
Nov 24, 2021
No. 09-21-00321-CV (Tex. App. Nov. 24, 2021)

Opinion

09-21-00321-CV

11-24-2021

IN RE CALCASIEU REFINING COMPANY


Submitted on November 12, 2021

Original Proceeding 136th District Court of Jefferson County, Texas Trial Cause No. D-206, 649

Before Golemon, C.J., Horton and Johnson, JJ.

MEMORANDUM OPINION

PER CURIAM

Relator Calcasieu Refining Company petitioned for a writ of mandamus compelling the trial court to vacate its order denying Relator's motion to dismiss for forum non conveniens and dismiss the case. The Real Parties in Interest, Shari Dearmon, individually and as next friend of Z.D., a minor, and as representative of the estate of Adam Dearmon, deceased, and John Dearmon, filed a response.

We may grant mandamus relief to correct a trial court's abuse of discretion when an appeal is an inadequate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After reviewing Relator's petition and the response of the Real Parties in Interest, we conclude that Relator has failed to establish it is entitled to the relief sought in its petition.

Accordingly, we deny the petition for a writ of mandamus. See Tex.R.App.P. 52.8(a). Relator's motion for temporary relief is denied as moot.

PETITION DENIED.


Summaries of

In re Calcasieu Ref. Co.

Court of Appeals of Texas, Ninth District, Beaumont
Nov 24, 2021
No. 09-21-00321-CV (Tex. App. Nov. 24, 2021)
Case details for

In re Calcasieu Ref. Co.

Case Details

Full title:IN RE CALCASIEU REFINING COMPANY

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Nov 24, 2021

Citations

No. 09-21-00321-CV (Tex. App. Nov. 24, 2021)