In Re: HEB Homes, LLC v. the State of Texas ( 2023 )

DENIED and Opinion Filed May 24, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00478-CV
IN RE HEB HOMES, LLC, Relator
Original Proceeding from the 44th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-01643
MEMORANDUM OPINION
Before Justices Pedersen, III, Nowell, and Miskel
Opinion by Justice Pedersen, III
Before the Court are relator’s May 18, 2023 petition for writ of mandamus
and motion for temporary stay. Relator challenges the trial court’s May 9, 2023
Order Granting Plaintiff’s Motion for Leave to Conduct Net Worth Discovery.1
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.
1
We question whether relator’s petition includes an adequate certification. See TEX. R. APP.
P. 52.3(j). We assume without deciding that relator’s certification is adequate.
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 stay as moot.
230478f.p05 /Bill Pedersen, III//
BILL PEDERSEN, III
JUSTICE
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