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In re Greystar Dev. & Constr.

Court of Appeals of Texas, Fifth District, Dallas
Jul 8, 2022
No. 05-22-00618-CV (Tex. App. Jul. 8, 2022)

Opinion

05-22-00618-CV

07-08-2022

IN RE GREYSTAR DEVELOPMENT & CONSTRUCTION, LP, GABRIELLA NATIONWIDE, LLC AND GABRIELLA TOWER, LLC, Relators


Original Proceeding from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-19-04006-B

Before Justices Molberg, Pedersen, III, and Garcia

MEMORANDUM OPINION

KEN MOLBERG, JUSTICE

In their June 23, 2022 petition for writ of mandamus, relators challenge the trial court's orders (1) granting real parties in interest's "Motion for Entry of Trial Schedule," and (2) compelling apex depositions for three top-level executives. 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 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, real parties in interest's response, relators' reply, and the record, we conclude that relators have failed to show a clear abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a). We also lift the stay issued by our June 24, 2022 order.


Summaries of

In re Greystar Dev. & Constr.

Court of Appeals of Texas, Fifth District, Dallas
Jul 8, 2022
No. 05-22-00618-CV (Tex. App. Jul. 8, 2022)
Case details for

In re Greystar Dev. & Constr.

Case Details

Full title:IN RE GREYSTAR DEVELOPMENT & CONSTRUCTION, LP, GABRIELLA NATIONWIDE, LLC…

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

Date published: Jul 8, 2022

Citations

No. 05-22-00618-CV (Tex. App. Jul. 8, 2022)