Court of Civil Appeals of Texas, 2023

In H-E-B, LP v. the State of Texas

In H-E-B, LP v. the State of Texas
Court of Civil Appeals of Texas · Decided July 13, 2023

In H-E-B, LP v. the State of Texas

Opinion

Opinion issued July 13, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00435-CV ——————————— IN RE H-E-B, LP, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, H-E-B, LP, filed a petition for a writ of mandamus challenging the trial court’s May 30, 2023 order transferring venue of the underlying trial court cause to Bexar County, Texas.1 Relator requests that the Court “enter a writ of mandamus

The underlying case is Vanessa Toledo v. H-E-B, LP, H.E. Butt Grocery Company, H.E.B., Inc., and Ross Rhoton, Cause No. 2022-73790, in 190th District Court of Harris County, Texas, the Honorable Beau A. Miller presiding. directing the [trial court] to order the transfer of venue to Montgomery County, [and] that HEB recover its costs of [c]ourt.”

Our review of relator’s mandamus petition reflects that relator has failed to establish that it is entitled to mandamus relief requested in the petition. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Any pending motion is dismissed as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Guerra and Farris.

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