Deny and Opinion Filed June 21, 2022

In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00473-CV IN RE DALLAS PLUMBING COMPANY, Relator Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-06093 MEMORANDUM OPINION Before Justices Schenck, Reichek, and Carlyle Opinion by Justice Carlyle Before the Court is relator’s petition for writ of mandamus, real party in interest’s response, and relator’s reply. In the petition, relator asks us to compel the trial court to rescind its order denying its motion for leave to designate a responsible third party and grant leave of court to designate Dallas Excavation Systems, Inc. as a responsible third party.

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, response, reply, and the record, we conclude that relator has failed to show an abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Cory L. Carlyle/ 220473f.p05 CORY L. CARLYLE JUSTICE

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