Denied and Opinion Filed December 21, 2018
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01518-CV
IN RE TEXAS HEALTH MANAGEMENT, LLC, Relator
Original Proceeding from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-00125-2018
MEMORANDUM OPINION
Before Justices Francis, Evans, and Schenck
Opinion by Justice Francis
In this original proceeding, relator seeks a writ of mandamus ordering the trial court to
strike the real party in interest’s motion for sanctions and motion for entry of final judgment, which
are set for hearing in the trial court on January 18, 2019. 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).
“Due to the extraordinary nature of the remedy, the right to mandamus relief generally
requires a predicate request for action by the respondent, and the respondent’s erroneous refusal
to act.” In re Coppola, 535 S.W.3d 506, 510 (Tex. 2017) (orig. proceeding) (citing In re Perritt,
992 S.W.2d 444, 446 (Tex. 1999) (orig. proceeding)). Here, relator complains of no action by the
trial court for this Court to review for an abuse of discretion, and the record includes nothing to
show that relator asked the trial court for the relief it now seeks from this Court. Relator has not
argued or shown that the facts of this case present one of the “rare occasions” in which the
predicate-request requirement should be relaxed. See id. Based on the record before us, we
conclude relator has not shown it is entitled to mandamus relief. Accordingly, we deny relator’s
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).
/Molly Francis/
MOLLY FRANCIS
JUSTICE
181518F.P05
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