IN RE: ONCOR ELECTRIC DELIVERY COMPANY (2019)

Court of Appeals of Texas, Dallas.

IN RE: ONCOR ELECTRIC DELIVERY COMPANY, LLC, Relator

No. 05-19-00288-CV

Decided: July 23, 2019

Before Justices Bridges, Carlyle and Osborne

Sean Edward Edward Breen, Christopher Lavorato, Howry Breen & Herman, LLP, Austin, TX, Brian P. Lauten, Brian Lauten, P.C., Dallas, TX, for Real party in interest. Andrew J. Szygenda, Thomas F. Lillard, Robert K. Wise, Lillard Wise Szygenda, PLLC, Dallas, TX, John C. Stewart, Oncor Electric Delivery Company LLC, Fort Worth, TX, for Relator.

MEMORANDUM OPINION

Before the Court is relator's petition for writ of mandamus in which it contends the trial court abused its discretion by denying its plea to the jurisdiction. Entitlement to mandamus relief requires relator to show that the trial court abused its discretion, which may occur if the trial court fails to correctly analyze or apply the law, In re Sw. Bell Tel. Co., L.P., 226 S.W.3d 400, 403 (Tex. 2007), or in making a factual determination lacking evidentiary support, see In re Cerberus Capital Mgmt., L.P., 164 S.W.3d 379, 382 (Tex. 2005) (orig. proceeding). After reviewing the petition and the mandamus record, we conclude relator has not shown it is entitled to the relief requested.

Accordingly, we deny relator's 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).

Opinion by Justice David Bridges

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