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In re Mondy

Court of Appeals of Texas, Fifth District, Dallas
Nov 3, 2022
No. 05-22-01156-CV (Tex. App. Nov. 3, 2022)

Opinion

05-22-01156-CV

11-03-2022

IN RE BRODERICK MONDY AND ADDISON COOPER CONSTRUCTION, LLC, Relators


Original Proceeding from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-06573-2021

Before Chief Justice Burns, Justice Partida-Kipness, and Justice Smith

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE

Before the Court is relators' October 26, 2022 petition for writ of mandamus wherein relators' seek relief from the trial court's October 17, 2022 Order on Defendants' Motion to Vacate Prior Sanctions Order. Also before the Court is relators' October 26, 2022 Emergency Motion for Stay of Underlying Proceedings.

Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that relators lack an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). After reviewing relators' petition and the record before us, we conclude that relators have failed to demonstrate entitlement to mandamus relief. See Tex. R. App. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus. We also deny relators' emergency motion as moot.


Summaries of

In re Mondy

Court of Appeals of Texas, Fifth District, Dallas
Nov 3, 2022
No. 05-22-01156-CV (Tex. App. Nov. 3, 2022)
Case details for

In re Mondy

Case Details

Full title:IN RE BRODERICK MONDY AND ADDISON COOPER CONSTRUCTION, LLC, Relators

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

Date published: Nov 3, 2022

Citations

No. 05-22-01156-CV (Tex. App. Nov. 3, 2022)