Opinion
No. 05-17-00995-CV
08-31-2017
IN RE MASSAGE ENVY SPA UPTOWN AT WEST VILLAGE #211 AND MISTY ELAINE JOHNSON, Relators
On Appeal from the 193rd Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-15-11559
MEMORANDUM OPINION
Before Justices Lang, Myers, and Boatright
Opinion by Justice Lang
In this original proceeding, relators complain of the trial court's order granting real party in interest Barbara Kubiak's motion to exclude expert witness testimony. To be entitled to mandamus relief, a relator must show both that the trial court has clearly abused its discretion and that relator has no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. Accordingly, we deny relators' petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought). 170995F.P05
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE