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In re Dall. Plumbing Co.

Court of Appeals of Texas, Fifth District, Dallas
Jun 21, 2022
No. 05-22-00473-CV (Tex. App. Jun. 21, 2022)

Opinion

05-22-00473-CV

06-21-2022

IN RE DALLAS PLUMBING COMPANY, Relator


Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-06093.

Before Justices Schenck, Reichek, and Carlyle

MEMORANDUM OPINION

CORY L. CARLYLE JUSTICE

Before the Court is relator's petition for writ of mandamus, real party in interest's response, and relator's reply. In the petition, relator asks us to compel the trial court to rescind its order denying its motion for leave to designate a responsible third party and grant leave of court to designate Dallas Excavation Systems, Inc. as a responsible third party.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding)). After reviewing the petition, response, reply, and the record, we conclude that relator has failed to show an abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).


Summaries of

In re Dall. Plumbing Co.

Court of Appeals of Texas, Fifth District, Dallas
Jun 21, 2022
No. 05-22-00473-CV (Tex. App. Jun. 21, 2022)
Case details for

In re Dall. Plumbing Co.

Case Details

Full title:IN RE DALLAS PLUMBING COMPANY, Relator

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

Date published: Jun 21, 2022

Citations

No. 05-22-00473-CV (Tex. App. Jun. 21, 2022)