Denied and Opinion Filed February 18, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00082-CV
IN RE HUB GROUP TRUCKING, INC.; WAEL AL-ASHQAR; MAPLETREE
TRANSPORTATION, INC.; AND DENNIS EADS, Relators
Original Proceeding from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-08540
MEMORANDUM OPINION
Before Justices Schenck, Partida-Kipness, and Nowell
Opinion by Justice Partida-Kipness
Relators Hub Group Trucking, Inc., Wael Al-Ashqar, Mapletree Transportation, Inc., and
Dennis Eads filed this petition for a writ of mandamus challenging the trial court’s August 5,
2019 order granting real party in interest’s motion to strike the section 18.001 counteraffidavit of
Marilyn Pacheco and the trial court’s December 5, 2019 order denying relators’ motions to
reconsider striking the counteraffidavit. Entitlement to mandamus relief requires relators to
show both that the trial court has clearly abused its discretion and that relators have no adequate
appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.
proceeding). After reviewing the petition for writ of mandamus and mandamus record, we
conclude relators have failed to show their remedy by appeal is inadequate. See In re Jeremiah
Parks, No. 05-19-00375-CV, slip op. at 5 (Tex. App—Dallas Feb. 18, 2020, orig. proceeding)
(mem. op.); In re Flores, No. 01-19-00484-CV, 2020 WL 425297, at *1–2 (Tex. App.—Houston
[1st Dist.] Jan. 28, 2020, orig. proceeding).
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).
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
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