IN RE: L & M Botruc Rental (2016)

Court of Appeals of Texas, Houston (14th Dist.).

IN RE: L & M Botruc Rental, Inc., Relator

NO. 14–16–00244–CV

Decided: May 17, 2016

Panel consists of Justices Jamison, Donovan, and Brown.

MEMORANDUM OPINION

On March 28, 2016, relator L & M Botruc Rental, Inc. filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex.R.App. P. 52. In the petition, relator asks this court to compel the Honorable Jack Ewing, presiding judge of the County Court No. 3 of Galveston County, to (1) vacate his March 10, 2016 “Order Denying Botruc's Motion to Dismiss Based on Forum Non Conveniens”, and (2) dismiss the case for forum non conveniens.

To obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding).

Relator has not established that the trial court clearly abused its discretion. Accordingly, we deny relator's petition for writ of mandamus.

PER CURIAM

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