Court of Civil Appeals of Texas, 2024

In Re: University of Gymnastics at Sherman LLC v. the State of Texas

In Re: University of Gymnastics at Sherman LLC v. the State of Texas
Court of Civil Appeals of Texas · Decided October 15, 2024

In Re: University of Gymnastics at Sherman LLC v. the State of Texas

Opinion

DENIED and Opinion Filed October 15, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01184-CV IN RE UNIVERSITY OF GYMNASTICS AT SHERMAN LLC, Relator Original Proceeding from the 15th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-19-0691 MEMORANDUM OPINION Before Justices Partida-Kipness, Nowell, and Miskel Opinion by Justice Partida-Kipness Before the Court are relator’s October 8, 2024 petition for writ of mandamus and motion for temporary relief to stay the trial setting. Relator challenges the trial court’s August 29, 2024 letter ruling whereby the trial court denied Plaintiff’s Objections to Defendant’s Motion for Leave to Designate Responsible Third Party and Motion to Strike Responsible Third Party Designation.

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). 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). We also deny relator’s motion for temporary relief as moot.

/Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS 241184F.P05 JUSTICE

–2–

Case-law data current through December 31, 2025. Source: CourtListener bulk data.