In Re: James Dondero, Stephanie Vitiello, Jean Paul Sevilla, Mary Kathryn Lucas, Mathew DiOrio, Isaac Leventon and Scott Ellington v. the State of Texas

CourtListener 10272700Txctapp5Oct 31, 2024

Full text

Denied and Opinion Filed October 31, 2024

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00381-CV

IN RE JAMES DONDERO, STEPHANIE VITIELLO, JEAN PAUL
SEVILLA, MARY KATHRYN LUCAS, MATHEW DIORIO, ISAAC
LEVENTON, AND SCOTT ELLINGTON, Relators

Original Proceeding from the 101st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-03214

MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Pedersen, III
Before the Court is relators’ April 1, 2024 petition for writ of mandamus.

Relators ask this Court to compel the trial court to vacate the trial court’s March 19,

2024 Order Granting Respondents’ Motion to Compel Compliance with the Court’s

2023 Order and to Hold Witnesses and Counsel in Contempt.

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 status reports, real parties in
interest’s response, 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).

We also lift the stay issued by this Court’s April 18, 2024 order.

/Bill Pedersen, III//
240381f.p05 BILL PEDERSEN, III
JUSTICE

–2–

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