DENIED and Opinion Filed April 29, 2020

In the Court of Appeals Fifth District of Texas at Dallas No. 05-20-00498-CV IN RE PHO GOLDEN, LLC, Relator Original Proceeding from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-00568-2020 MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Carlyle Opinion by Justice Carlyle Relator Pho Golden, LLC filed this petition for writ of mandamus on April 29, 2020, challenging the trial court’s amended judgment for possession. Relator also filed a motion for emergency relief, asking this Court to stay the challenged amended judgment pending resolution of this original proceeding.

For mandamus to lie, 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 relator has failed to show its entitlement to mandamus relief. Accordingly, we deny relator’s mandamus petition and emergency motion. See TEX. R. APP. P. 52.8(a) (petition must be denied if the court determines relator is not entitled to the relief sought).

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

200498F.P05

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