In re Universal Steel Buildings Corp. Appeal from County Court at Law No. 2 of Denton County (memorandum opinion per curiam)

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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-17-00248-CV IN RE UNIVERSAL STEEL BUILDINGS CORP. RELATOR ---------ORIGINAL PROCEEDING TRIAL COURT NO. CV-2016-01310 ---------- MEMORANDUM OPINION1 ---------On July 26, 2017, relator, Universal Steel Buildings, Corp., filed a petition for writ of mandamus contending that the trial court abused its discretion in denying its motion to stay the underlying lawsuit based upon the principle of comity. To be entitled to the extraordinary relief of a writ of mandamus, relator must show that the trial court committed a clear abuse of discretion and that 1 See Tex. R. App. P. 47.4, 52.8(d). there is no adequate remedy by appeal. In re Laibe Corp., 307 S.W.3d 314, 316 (Tex. 2010) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). Mandamus is appropriate to preserve the principles of comity. See In re BP Oil Supply Co., 317 S.W.3d 915, 922–23 (Tex. App.—Houston [14th Dist.] 2010, orig. proceeding); see also In re Cooper Indus., LLC, No. 14-13-00500-CV, 2013 WL 3893984, at *1 (Tex. App.—Houston [14th Dist.] July 25, 2013, orig. proceeding) (mem. op.). The court has considered relator’s petition for writ of mandamus and is of the opinion that relator has not shown itself entitled to the relief sought. Accordingly, relator’s petition for writ of mandamus is denied. PER CURIAM PANEL: GABRIEL, WALKER, and SUDDERTH, JJ. WALKER, J. would request a response. DELIVERED: August 7, 2017 2

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