DENIED and Opinion Filed December 29, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-01078-CV
IN RE FREDERICK SCROGGINS AND WERNER ENTERPRISES, INC.,
Relators
Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-01483
MEMORANDUM OPINION
Before Justices Schenck, Partida-Kipness, and Nowell
Opinion by Justice Nowell
Relators’ December 10, 2020 petition for writ of mandamus challenges the
trial court’s order striking two counter-affidavits under section 18.001(f) of the
Texas Civil Practice and Remedies Code. Entitlement to mandamus relief requires
relators to show that the trial court has clearly abused its discretion and that they
have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135–
36 (Tex. 2004) (orig. proceeding).
We conclude that relators have an adequate remedy on appeal. See In re Parks,
No. 05-19-00375-CV, 2020 WL 774107, at *2 (Tex. App.—Dallas Feb. 18, 2020,
orig. proceeding) (mem. op.) (relator had adequate remedy on appeal for review of
order striking section 18.001 counter-affidavit). Accordingly, we deny the petition
for writ of mandamus. See TEX. R. APP. P. 52.8(a).
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
Schenck, J., concurring
201078F.P05
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