In Re: National Health Investors, Inc. and NHI-REIT of AXEL, LLC Appeal from 95th Judicial District Court of Dallas County (memorandum opinion)
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Denied and Opinion Filed October 30, 2018 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01295-CV IN RE NATIONAL HEALTH INVESTORS, INC. AND NHI-REIT OF AXEL, LLC, Relators Original Proceeding from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-07841 MEMORANDUM OPINION Before Justices Lang-Miers, Fillmore, and Stoddart Opinion by Justice Stoddart Before the Court is relators’ petition for writ of mandamus in which they complain of the trial court’s October 24, 2018 temporary restraining order. 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 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). 181295F.P05 /Craig Stoddart/ CRAIG STODDART JUSTICE
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