Court of Civil Appeals of Texas, 2020

in Re: Stamatina Holdings, LLC

in Re: Stamatina Holdings, LLC
Court of Civil Appeals of Texas · Decided December 14, 2020

in Re: Stamatina Holdings, LLC

Opinion

DENY and Opinion Filed December 14, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00617-CV IN RE STAMATINA HOLDINGS, LLC, Relator Original Proceeding from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-16-12830 MEMORANDUM OPINION Before Chief Justice Burns, Justice Osborne, and Justice Reichek Opinion by Justice Osborne Relator’s June 17, 2020 petition for writ of mandamus asks us to compel the trial court to vacate its order appointing a receiver over a multi-family apartment complex with numerous Dallas City Code and Dallas Fire Code violations.

Entitlement to mandamus relief requires relator to 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 petition and the record before us, we conclude that relator has failed to show its entitlement to the relief requested. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Leslie Osborne/ LESLIE OSBORNE JUSTICE

200617F.P05

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