Opinion
08-22-00024-CV
01-28-2022
IN RE: LL HALLMARK, L.L.C., d/b/a HALLMARK APARTMENTS, and BOONE/FORMAN PROPERTIES, L.P., Individually and d/b/a HALLMARK APARTMENTS or R&L INVESTMENTS, Relators.
AN ORIGINAL PROCEEDING IN MANDAMUS
Before Rodriguez, C.J., Palafox, and Alley, JJ.
MEMORANDUM OPINION
YVONNE T. RODRIGUEZ, CHIEF JUSTICE
Relators Hallmark, L.L.C., and Boone/Forman Properties, L.P., d/b/a Hallmark Apartments, have filed a petition for a writ of mandamus against the Honorable Sergio Enriquez, judge of the 448th District Court of El Paso County. Relators contend that the trial court erred by issuing a discovery sanction order imposing fines and excluding certain expert testimony from trial based on a finding that Relators spoliated evidence. Hallmark has also filed a Rule 52.10 motion for emergency relief, seeking the stay of impending trial proceedings set to begin in less than a week until this mandamus action is resolved.
To be entitled to mandamus relief, a relator generally must meet two requirements. First, the relator must show that the trial court clearly abused its discretion. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate that there is no adequate remedy by appeal. Id. at 136.
Based on the record before us, we conclude that Relators have failed to establish they are entitled to mandamus relief. Accordingly, we deny the motion for emergency relief and the petition for writ of mandamus.