In Re: University of Gymnastics at Sherman LLC v. the State of Texas

DENIED and Opinion Filed October 15, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-01184-CV

IN RE UNIVERSITY OF GYMNASTICS AT SHERMAN LLC, Relator

Original Proceeding from the 15th Judicial District Court
Grayson County, Texas
Trial Court Cause No. CV-19-0691

MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Miskel
Opinion by Justice Partida-Kipness
Before the Court are relator’s October 8, 2024 petition for writ of mandamus

and motion for temporary relief to stay the trial setting. Relator challenges the trial

court’s August 29, 2024 letter ruling whereby the trial court denied Plaintiff’s

Objections to Defendant’s Motion for Leave to Designate Responsible Third Party

and Motion to Strike Responsible Third Party Designation.

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.
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 relief as moot.

/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
241184F.P05 JUSTICE

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