in Re Dojo Bay House, LLC

Petition for Writ of Mandamus Denied and Memorandum Majority and Dissenting Opinions filed July 15, 2021.

In The

Fourteenth Court of Appeals

NO. 14-21-00154-CV

IN RE DOJO BAY HOUSE, LLC, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS

151st District Court Harris County, Texas Trial Court Cause No. 2019-60692

MEMORANDUM MAJORITY OPINION

On March 23, 2021, relator, Dojo Bay House, L.L.C., filed a petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorable Mike Engelhart, presiding judge of the 151st District Court of Harris County, to set aside its order granting the motion to strike relator’s amended petition filed by real parties in interest Hoover Slovacek, L.L.P. and Patrick Drake or, alternatively, to set aside its order denying relator’s motion to consolidate.

Relator has not established that it is entitled to mandamus relief. Any issue with the record did not prevent our determination that relator is not entitled to mandamus relief. There is no need for relator to file a new petition. Accordingly, we deny relator’s petition for writ of mandamus.

/s/ Tracy Christopher

Chief Justice Panel consists of Chief Justice Christopher and Justices Spain and Wilson. (Spain, J., dissenting).