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In re Pulte Homes of Tex., LP

Court of Appeals Fifth District of Texas at Dallas
Jul 26, 2016
No. 05-16-00590-CV (Tex. App. Jul. 26, 2016)

Opinion

No. 05-16-00590-CV

07-26-2016

IN RE PULTE HOMES OF TEXAS, LP, Relator


Original Proceeding from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-04147-2013

MEMORANDUM OPINION

Before Justices Lang-Miers, Fillmore, and Schenck
Opinion by Justice Lang-Miers

Before the Court is relator's petition for writ of mandamus in which relator seeks review of the denial of a motion to disqualify plaintiff's counsel. The facts and issues are well known to the parties, so we need not recount them here.

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 relator has not shown it is entitled to the relief requested. See TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding).

Accordingly, we DENY relator's petition for writ of mandamus.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE 160590F.P05


Summaries of

In re Pulte Homes of Tex., LP

Court of Appeals Fifth District of Texas at Dallas
Jul 26, 2016
No. 05-16-00590-CV (Tex. App. Jul. 26, 2016)
Case details for

In re Pulte Homes of Tex., LP

Case Details

Full title:IN RE PULTE HOMES OF TEXAS, LP, Relator

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 26, 2016

Citations

No. 05-16-00590-CV (Tex. App. Jul. 26, 2016)