DENY and Opinion Filed February 6, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00964-CV IN RE LODGECAP DFW, L.P. AND INTERMOUNTAIN MANAGEMENT, LLC, Relators Original Proceeding from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-10519 MEMORANDUM OPINION Before Justices Reichek, Smith, and Kennedy Opinion by Justice Reichek In this original proceeding, relators seek mandamus relief from the trial court’s order excluding certain expert testimony in the underlying personal injury action. Entitlement to mandamus relief requires relators to demonstrate that the trial court clearly abused its discretion and that they lack an adequate remedy by appeal.

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 their entitlement to mandamus relief.

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

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE 230964F.P05

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