Court of Civil Appeals of Texas, 2022

in Re Heartland Express, Inc. of Iowa

in Re Heartland Express, Inc. of Iowa
Court of Civil Appeals of Texas · Decided May 9, 2022

in Re Heartland Express, Inc. of Iowa

Opinion

DENY and Opinion Filed May 9, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00229-CV IN RE HEARTLAND EXPRESS, INC. OF IOWA, Relator Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-18-00697-D MEMORANDUM OPINION Before Justices Osborne, Partida-Kipness, and Smith Opinion by Justice Smith Before the Court is relator’s March 18, 2022 petition for writ of mandamus.

In the petition, relator challenges the trial court’s order granting real party in interest’s motion to compel discovery.

Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an 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, response, reply, and the record, we conclude that relator has failed to demonstrate an abuse of discretion. See TEX. R. APP. P. 52.8(a).

Accordingly, we deny the petition for writ of mandamus, and we lift the stay issued by this Court’s March 18, 2022 order.

/Craig Smith/ CRAIG SMITH JUSTICE 220229F.P05

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