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In re Motor Carrier #1476454 Jason Stanford

Court of Appeals of Texas, Fifth District, Dallas
Jul 18, 2024
No. 05-24-00685-CV (Tex. App. Jul. 18, 2024)

Opinion

05-24-00685-CV

07-18-2024

IN RE MOTOR CARRIER #1476454 JASON STANFORD D/B/A ROLLIN'SMOKE AT THE ATTACHE, Relator


Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-23-18441

Before Molberg, Carlyle, and Breedlove, Justices.

MEMORANDUM OPINION

KEN MOLBERG, JUSTICE.

In its June 7, 2024 petition for writ of mandamus, relator challenges the trial court's denial of its motion for summary judgment.

Relator's petition does not comply with the Texas Rules of Appellate Procedure in numerous respects. See, e.g., TEX. R. APP. P. 52.3(d), 52.3(g), 52.3(h), 52.3(k)(1)(A), 52.7(a), 52.7(c)(2).

Even if these defects did not exist, we would deny the petition. Entitlement to mandamus relief requires a relator to show that the trial court clearly abused its discretion and that the relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding).

"[M]andamus is generally unavailable when a trial court denies summary judgment, no matter how meritorious the motion." In re McAllen Med. Ctr., Inc., 275 S.W.3d 458, 465 (Tex. 2008) (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 relator's petition. See TEX. R. APP. P. 52.8(a).


Summaries of

In re Motor Carrier #1476454 Jason Stanford

Court of Appeals of Texas, Fifth District, Dallas
Jul 18, 2024
No. 05-24-00685-CV (Tex. App. Jul. 18, 2024)
Case details for

In re Motor Carrier #1476454 Jason Stanford

Case Details

Full title:IN RE MOTOR CARRIER #1476454 JASON STANFORD D/B/A ROLLIN'SMOKE AT THE…

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

Date published: Jul 18, 2024

Citations

No. 05-24-00685-CV (Tex. App. Jul. 18, 2024)