Court of Civil Appeals of Texas, 2023

In Re: Sunoco Retail LLC, Sunoco, LLC, Sunoco Energy Services LLC, Gopetro Transport LLC, and Derrick Ray Lewis v. the State of Texas

In Re: Sunoco Retail LLC, Sunoco, LLC, Sunoco Energy Services LLC, Gopetro Transport LLC, and Derrick Ray Lewis v. the State of Texas
Court of Civil Appeals of Texas · Decided July 14, 2023

In Re: Sunoco Retail LLC, Sunoco, LLC, Sunoco Energy Services LLC, Gopetro Transport LLC, and Derrick Ray Lewis v. the State of Texas

Opinion

DENIED and Opinion Filed July 14, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00554-CV IN RE SUNOCO RETAIL LLC, SUNOCO, LLC, SUNOCO ENERGY SERVICES LLC, GOPETRO TRANSPORT LLC, AND DERRICK RAY LEWIS, Relators Original Proceeding from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-18306 MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Kennedy Before the Court is relators’ June 2, 2023 petition for writ of mandamus wherein relators challenge the trial court’s April 18, 2023 Order of Transfer.

Entitlement to mandamus relief requires relators to show that the trial court clearly abused its discretion and that relators lack an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing relators’ petition and the record before us, we conclude that relators have failed to demonstrate entitlement to mandamus relief.

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

/Nancy Kennedy/ NANCY KENNEDY JUSTICE

230554F.P05

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