DENY; and Opinion Filed August 17, 2016.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00924-CV
IN RE WATERSIDE CORPORATION AND JAMES M. ROSENBERG, Relators
Original Proceeding from the 95th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-15-09833
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang and Brown
Opinion by Justice Brown
Before the Court is relators’ petition for writ of mandamus in which they seek review of
the denial of their motion to disqualify counsel and denial of their motion to stay trial court
proceedings. 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 relators have not shown they are 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 relators’ petition for writ of mandamus and we DENY AS
MOOT relators’ emergency motion for stay of trial court proceedings.
/Ada Brown/
ADA E. BROWN
JUSTICE
160924F.P05
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