Deny and Opinion Filed September 30, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00822-CV
IN RE JR STAR CORPORATION, Relator
Original Proceeding from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-19-03629-B
MEMORANDUM OPINION
Before Justices Schenck, Nowell, and Garcia
Opinion by Justice Garcia
In this original proceeding, relator challenges the trial court’s March 5, 2021
ruling on a motion for a spoliation instructions and sanctions filed by the Real Party
in Interest (RPI), Patricia Cyzauskas. A writ of mandamus issues to correct a clear
abuse of discretion when no adequate remedy by appeal exists. Walker v. Packer,
827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). Although mandamus is not
an equitable remedy, its issuance is largely controlled by equitable principles.
Rivercenter Assocs. v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993) (orig. proceeding).
One such principle is that “equity aids the diligent and not those who slumber on
their rights.” Id. (internal brackets and quotation marks omitted).
An unexplained delay of four months or more can constitute laches and result
in denial of mandamus relief. See Rivera, 858 S.W.2d at 366 (unexplained delay of
more than four months); Int’l Awards, Inc. v. Medina, 900 S.W.2d 934, 936 (Tex.
App.—Amarillo 1995, orig. proceeding) (unexplained delay of more than four
months and waited until eve of trial); Furr’s Supermarkets, Inc. v. Mulanax, 897
S.W.2d 442, 443 (Tex. App.—El Paso 1995, no writ) (unexplained four-month delay
in challenging discovery orders); Bailey v. Baker, 696 S.W.2d 255, 256 (Tex.
App.—Houston [14th Dist.] 1985, orig. proceeding) (unexplained four-month delay
and filed two weeks before trial).
Here, relators did not file the petition for writ of mandamus until September
21, 2021—more than six months after the challenged order. We conclude that
relators’ unexplained delay bars their right to mandamus relief. See Furr’s
Supermarkets, 897 S.W.2d at 443.
Accordingly, we deny the petition for writ of mandamus. Having denied
mandamus relief, we also deny relator’s motion for stay as moot.
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
210822F.P05
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