In Re: James D. Dondero and NexBank SSB Appeal from 193rd Judicial District Court of Dallas County (memorandum opinion)

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Deny and Opinion Filed October 3, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01064-CV IN RE JAMES D. DONDERO AND NEXBANK SSB, Relators Original Proceeding from the 193rd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-04666 MEMORANDUM OPINION Before Justices Whitehill, Partida-Kipness, and Pedersen, III Opinion by Justice Pedersen, III Before the Court is relators’ September 3, 2019 petition for writ of mandamus in which relators contend the trial court abused its discretion by granting real party in interest’s motion to compel the deposition of relator James D. Dondero. To be entitled to mandamus relief, relators must show both that the trial court has clearly abused its discretion and that relators have no adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing the petition, real party’s response to the petition, and the mandamus record, 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). BILL PEDERSEN. III BILL PEDERSEN. III JUSTICE Whitehill, J., dissenting without opinion. 191064f.p05

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