In Re: Yorkshire West Capital Inc. v. the State of Texas

DENIED and Opinion Filed May 13, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-01212-CV

IN RE YORKSHIRE WEST CAPITAL INC., Relator

Original Proceeding from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-94-03613

MEMORANDUM OPINION
Before Justices Pedersen, III, Nowell, and Miskel
Opinion by Justice Pedersen, III
In its December 1, 2023 petition for writ of mandamus, relator challenges a

trial court’s post-judgment order vacating a previously issued turnover order,

contending it is void for having been issued after the trial court’s plenary power

expired.

Entitlement to mandamus relief requires a relator to show that the trial court

clearly abused its discretion and that the relator lacks an adequate appellate remedy.

In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). A trial court abuses its discretion by entering a void order, and the

relator need not establish lack of an adequate appellate remedy to obtain mandamus
relief. In re Briseno, No. 05-22-01174-CV, 2022 WL 17663634, at *1 (Tex. App.—

Dallas Dec. 14, 2022, orig. proceeding) (mem. op.). After reviewing the petition, the

response, the reply, 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).

/Bill Pedersen, III/
BILL PEDERSEN, III
231212F.P05 JUSTICE

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