Court of Civil Appeals of Texas, 2019

in Re: Medalist Holdings, Inc.

in Re: Medalist Holdings, Inc.
Court of Civil Appeals of Texas · Decided March 20, 2019

in Re: Medalist Holdings, Inc.

Opinion

Denied and Opinion Filed March 20, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00225-CV IN RE MEDALIST HOLDINGS, INC., LEEWARD HOLDINGS, LLC, CAMARILLO HOLDINGS, LLC, MICHAEL LACEY, AND JAMES LARKIN, Relators Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-00951 MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Partida-Kipness Before the Court are relators’ petition for writ of mandamus and the response briefs of the Backpage real parties in interest and of real party in interest Plaintiff XXXXXXXX. In this original proceeding, relators seek a writ of mandamus directing the trial court to vacate a February 20, 2019 order denying relators’ motion for protective order and ordering relators to produce the documents for which relators sought protection.

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).

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE

190225F.P05

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