DENY; and Opinion Filed July 21, 2017.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00853-CV
IN RE TSM DEVELOPMENT, LLC AND KUN W. YU, Relators
Original Proceeding from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-14-11710
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Stoddart
Opinion by Justice Lang-Miers
Before the Court is relators’ July 20, 2017 petition for writ of mandamus in which they
complain of a May 19, 2017 order granting real party in interest’s motion to compel a post
judgment deposition duces tecum. 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).
Based on the record before us, we conclude relators have not shown they are entitled to the relief
requested. 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).
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
170853F.P05
in Re: TSM Development and Kun W. Yu
Combined Opinion