IN RE: ITRADENETWORK (2017)

MEMORANDUM OPINION

The underlying case is a contract dispute between relator iTradeNetwork, Inc. and real party in interest DPS Holdings, Inc. Relator filed a lawsuit against DPS Holdings in California on March 17, 2017. DPS Holdings then filed the underlying suit against relator in Texas regarding the same issues. Relator moved to abate the Texas case in favor of the first–filed suit. In this original proceeding, relator complains of the trial court's denial of the motion to abate.

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 relator has not shown the trial court clearly abused its discretion and, therefore, relator has not shown it is entitled to the relief requested. Accordingly, we deny relator's June 28, 2017 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).

ADA BROWN JUSTICE