DENY and Opinion Filed May 11, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00990-CV IN RE CHG SENIOR LIVING OF FORNEY, LLC D/B/A THREE FORKS SENIOR LIVING OF FORNEY, Relator Original Proceeding from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-20607 MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Goldstein Opinion by Justice Osborne In this original proceeding, relator challenges the trial court’s denial of its motion to dismiss the claims for breach of contract, premises liability, and ordinary negligence pursuant to Texas Rule of Civil Procedure 91a. See TEX. R. CIV. P. 91a.

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, and the record before us, 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.

/Leslie Osborne/ 210990f.p05 LESLIE OSBORNE JUSTICE

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