in Re: Pho Golden, LLC ( 2020 )

DENIED and Opinion Filed April 29, 2020
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00498-CV
IN RE PHO GOLDEN, LLC, Relator
Original Proceeding from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-00568-2020
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Pedersen, III, and Justice Carlyle
Opinion by Justice Carlyle
Relator Pho Golden, LLC filed this petition for writ of mandamus on April
29, 2020, challenging the trial court’s amended judgment for possession. Relator
also filed a motion for emergency relief, asking this Court to stay the challenged
amended judgment pending resolution of this original proceeding.
For mandamus to lie, relator must show both that the trial court has clearly
abused its discretion and that relator has no adequate appellate remedy. In re
Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Based
on the record before us, we conclude relator has failed to show its entitlement to
mandamus relief. Accordingly, we deny relator’s mandamus petition and emergency
motion. See TEX. R. APP. P. 52.8(a) (petition must be denied if the court determines
relator is not entitled to the relief sought).
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE
200498F.P05
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