DENY and Opinion Filed June 9, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00557-CV IN RE CHARTER COMMUNICATIONS, LLC, Relator Original Proceeding from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-20-01579-E MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Garcia Before the Court are relator’s June 8, 2022 petition for writ of mandamus and motion for emergency temporary relief. In the petition, relator challenges the trial court’s ruling granting real parties in interest’s motion for a spoliation instruction.

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 Copart, Inc., 619 S.W.3d 710, 713 (Tex. 2021) (orig. proceeding) (citing In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding)).

After reviewing the petition, record, and supplemental record, we conclude that relator has failed to show that it lacks an adequate remedy by appeal.

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

We also deny the motion for emergency temporary relief as moot.

220557f.p05 /Dennise Garcia/ DENNISE GARCIA JUSTICE

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