From Casetext: Smarter Legal Research

In re Baxter Planning Sys. OPCO

Court of Appeals of Texas, Fifth District, Dallas
Mar 29, 2024
No. 05-23-01107-CV (Tex. App. Mar. 29, 2024)

Opinion

05-23-01107-CV

03-29-2024

IN RE BAXTER PLANNING SYSTEMS OPCO, LLC AND BAXTER PLANNING SYSTEMS, LLC, Relators


Original Proceeding from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-22-05770-C

Before Justices Partida-Kipness, Carlyle, and Garcia

MEMORANDUM OPINION

ROBBIE PARTIDA-KIPNESS JUSTICE

In this original proceeding, relators Baxter Planning Systems Opco, LLC and Baxter Planning Systems, LLC seek mandamus relief from the trial court's denial of their motion to dismiss based on a contractual forum-selection clause. Relators have also filed an emergency motion seeking a stay of the underlying proceedings pending resolution of this original proceeding.

Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that they lack an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing the petition and the record before us, we conclude that relators have not demonstrated that the trial court abused its discretion.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny as moot relators' stay motion.


Summaries of

In re Baxter Planning Sys. OPCO

Court of Appeals of Texas, Fifth District, Dallas
Mar 29, 2024
No. 05-23-01107-CV (Tex. App. Mar. 29, 2024)
Case details for

In re Baxter Planning Sys. OPCO

Case Details

Full title:IN RE BAXTER PLANNING SYSTEMS OPCO, LLC AND BAXTER PLANNING SYSTEMS, LLC…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 29, 2024

Citations

No. 05-23-01107-CV (Tex. App. Mar. 29, 2024)