DENY; and Opinion Filed November 16, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01336-CV
IN RE TUNAD ENTERPRISES, INC., Relator
Original Proceeding from the 417th Judicial District Court
Collin County, Texas
Trial Court Cause No. 417-00618-2016
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Boatright
Before the Court is relator’s petition for writ of mandamus in which relator complains of
an order denying relator’s Rule 91a motion to dismiss. The denial of a Rule 91a motion to dismiss
is subject to mandamus review. In re Essex Ins. Co., 450 S.W.3d 524, 526 (Tex. 2014). 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). Although relator recited that standard of review in its
petition, it did not attempt to identify anything the trial court did that was a clear abuse of
discretion, nor did relator attempt to explain why it has no adequate appellate remedy. Because
relator’s petition did not make its required showing, we must deny the petition. TEX. R. APP. P.
52.8(a). Accordingly, we deny relator’s petition for writ of mandamus.
/Jason Boatright/
JASON BOATRIGHT
JUSTICE
181336F.P05
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