In Re: National Collegiate Athletic Association Appeal from 95th Judicial District Court of Dallas County (memorandum opinion)
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DENY; and Opinion Filed March 1, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01215-CV IN RE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Relator Original Proceeding from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-00676 MEMORANDUM OPINION Before Justices Lang, Brown, and Stoddart Opinion by Justice Brown In this original proceeding, relator complains of the trial court’s order permitting the real party in interest to take an Apex deposition of relator’s Chief Medical Officer. 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 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). /Ada Brown/ ADA BROWN JUSTICE 171215F.P05
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