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In re Gymnastics at Sherman LLC

Court of Appeals of Texas, Fifth District, Dallas
Oct 15, 2024
No. 05-24-01184-CV (Tex. App. Oct. 15, 2024)

Opinion

05-24-01184-CV

10-15-2024

IN RE UNIVERSITY OF GYMNASTICS AT SHERMAN LLC, Relator


Original Proceeding from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-19-0691

Before Justices Partida-Kipness, Nowell, and Miskel

MEMORANDUM OPINION

ROBBIE PARTIDA-KIPNESS, JUSTICE

Before the Court are relator's October 8, 2024 petition for writ of mandamus and motion for temporary relief to stay the trial setting. Relator challenges the trial court's August 29, 2024 letter ruling whereby the trial court denied Plaintiff's Objections to Defendant's Motion for Leave to Designate Responsible Third Party and Motion to Strike Responsible Third Party Designation.

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 Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing relator's petition and the record before us, we conclude that relator has failed to demonstrate entitlement to mandamus relief.

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


Summaries of

In re Gymnastics at Sherman LLC

Court of Appeals of Texas, Fifth District, Dallas
Oct 15, 2024
No. 05-24-01184-CV (Tex. App. Oct. 15, 2024)
Case details for

In re Gymnastics at Sherman LLC

Case Details

Full title:IN RE UNIVERSITY OF GYMNASTICS AT SHERMAN LLC, Relator

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

Date published: Oct 15, 2024

Citations

No. 05-24-01184-CV (Tex. App. Oct. 15, 2024)