DENY; and Opinion Filed September 9, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00912-CV
IN RE ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Relator
Original Proceeding from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-04652
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Nowell
Opinion by Justice Molberg
Before the Court is relator’s August 2, 2019 petition for writ of mandamus challenging the
trial court’s March 1, 2019 order requiring relator to pay a sanction of $1,000 to Regenerative
Ortho Spine Institute of Texas (ROSIT), a non-party. The March 1 order was based on relator’s
August 27, 2018 motion to compel and motion to show cause directed at ROSIT. Relator generally
contends the trial court abused its discretion by (1) awarding sanctions based on the misconduct
of a non-party records service, and (2) utilizing an improper burden of proof which required relator
to show its motion to compel “was meritorious and ‘not self-defeating on its face.’”
To be entitled to mandamus relief, 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.
of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition and
the mandamus record, we conclude relator has not shown it is entitled to the relief requested.
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).
/Ken Molberg/
KEN MOLBERG
JUSTICE
190912F.P05
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