DENIED and Opinion Filed July 10, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00484-CV IN RE PATE REHABILITATION ENDEAVORS, LLC, Relator Original Proceeding from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-21-02940-A MEMORANDUM OPINION Before Justices Pedersen, III, Nowell, and Miskel Opinion by Justice Miskel Before the Court is relator’s May 19, 2023 petition for writ of mandamus wherein relator contends that the trial court’s November 7, 2023 order entitled “Dismissal as to Expedient Medical Staffing, LLC Only” is a final judgment. Relator requests the Court to compel the trial court to close and take no further action in the underlying proceeding.

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. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Judicial action taken after a trial court’s plenary power expires, however, is void, and a relator need not demonstrate an inadequate remedy by appeal. See In re Dansby, 583 S.W.3d 838, 840 (Tex. App.—Dallas 2019, orig. proceeding).

After reviewing relator’s petition and the record before us, we conclude that relator has failed to demonstrate entitlement to mandamus relief. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

/Emily Miskel/ 230484f.p05 EMILY MISKEL JUSTICE

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