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in Re: TSM Development and Kun W. Yu
05-17-00853-CV
Tex. App.
Jul 21, 2017
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IN RE TSM DEVELOPMENT, LLC AND KUN W. YU, Relators

No. 05-17-00853-CV

Court of Appeals Fifth District of Texas at Dallas

July 21, 2017

Original Proceeding from the 14th Judicial District Court, Dallas County, Texas, Trial Court Cause No. DC-14-11710

MEMORANDUM OPINION

Before Justices Lang-Miers, Evans, and Stoddart

Opinion by Justice Lang-Miers

Before the Court is relators’ July 20, 2017 petition for writ of mandamus in which they complain of a May 19, 2017 order granting real party in interest’s motion to compel a post judgment deposition duces tecum. To be entitled to mandamus relief, a 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 relators have not shown they are entitled to the relief requested. Accordingly, we deny relators’ petition for writ of mandamus. See TEX. R. APP. P. 52.8(a) (the court must deny the petition if the court determines relator is not entitled to the relief sought).

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE

170853F.P05

Case Details

Case Name: in Re: TSM Development and Kun W. Yu
Court Name: Court of Appeals of Texas
Date Published: Jul 21, 2017
Citation: 05-17-00853-CV
Docket Number: 05-17-00853-CV
Court Abbreviation: Tex. App.
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