Court of Civil Appeals of Texas, 2021

in Re: Neora, LLC

in Re: Neora, LLC
Court of Civil Appeals of Texas · Decided March 10, 2021

in Re: Neora, LLC

Opinion

Denied and Opinion Filed March 10, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00864-CV IN RE NEORA, LLC, Relator Original Proceeding from the 160th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-07296 MEMORANDUM OPINION Before Justices Myers, Molberg, and Goldstein Opinion by Justice Myers In this original proceeding, relator asks us to compel the trial court to vacate its order denying the motion to enforce a third-party arbitration subpoena. To be entitled to mandamus relief, relator must show 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 our review of the petition, real party in interest’s response, relator’s reply, and the record before us, we conclude that relator has failed to show a clear abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Lana Myers/ LANA MYERS JUSTICE

Molberg, J., dissenting without opinion.

200864F.P05

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