Opinion
No. 05-15-00161-CV
02-19-2015
IN RE DESOTO SURGICARE PARTNERS, LTD., SUCCESSOR-IN-INTEREST TO BAYLOR SURGICARE AT DUNCANVILLE, LLC; TEXAS HEALTH VENTURES GROUP, LLC; AND UNITED SURGICAL PARTNERS INTERNATIONAL, INC., Relators
Original Proceeding from the 193rd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-13-02334-L
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Whitehill
Opinion by Justice Lang-Miers
Relator filed this petition for writ of mandamus in this dispute involving real property requesting that the Court order the trial court to find that real party in interest spoliated evidence, strike the real party in interest's pleadings, and dismiss the case or, alternatively, strike the real party in interest's expert testimony based on observations of the property before the alleged spoliation. Ordinarily, to obtain 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 the relator has failed to establish a right to relief.
We deny the petition for writ of mandamus. TEX. R. APP. P. 52.8.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
150161F.P05