in Re Toyota Motor Sales, U.S.A., Inc. Toyota Motor Corporation, Toyota Motor North America, Inc., Toyota Motor Engineering & Manufacturing North America, Inc., and Edward Mantey
DENY; and Opinion Filed July 17, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00807-CV
IN RE TOYOTA MOTOR SALES, U.S.A., INC. TOYOTA MOTOR CORPORATION,
TOYOTA MOTOR NORTH AMERICA, INC., TOYOTA MOTOR ENGINEERING &
MANUFACTURING NORTH AMERICA, INC., AND EDWARD MANTEY, Relators
Original Proceeding from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-15296
MEMORANDUM OPINION
Before Justices Lang-Miers, Fillmore, and Whitehill
Opinion by Justice Fillmore
Before the Court is relators’ petition for writ of mandamus in which they seek relief from
rulings compelling discovery of “unintended acceleration” evidence. 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).
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
180807F.P05