DENY and Opinion Filed May 11, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00127-CV IN RE PAUL RUDNICKI, Relator Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-00644 MEMORANDUM OPINION Before Justices Schenck, Nowell, and Garcia Opinion by Justice Garcia Relator’s February 26, 2021 petition for writ of mandamus challenges the trial court’s order denying leave to designate a responsible third party. To be entitled to mandamus relief, relator must demonstrate that the trial court has clearly abused its discretion and that he 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, the response, and the record before us, we conclude that relator has failed to show his entitlement to the relief requested.

Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Dennise Garcia/ DENNISE GARCIA JUSTICE

Schenck, J. dissenting 210127F.P05

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