In Re EPES Transport System, Inc etal Appeal from 134th Judicial District Court of Dallas County (memorandum opinion by whitehill)

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DENY and Opinion Filed December 31, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00759-CV IN RE EPES TRANSPORT SYSTEM, INC. AND MARK LEFEBVRE, Relators On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-18-01998 MEMORANDUM OPINION Before Justices Whitehill, Pedersen, III, and Carlyle Opinion by Justice Whitehill Before the Court is relators’ petition for writ of mandamus in which they seek relief from the trial court’s orders striking their designation of two expert witnesses and denying reconsideration. Entitlement to mandamus relief requires a relator to show both that the trial court clearly abused its discretion and that no adequate remedy by appeal exists. See In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Based on the petition and the mandamus record before us, we conclude relators have failed to show they are entitled to the relief requested. Accordingly, we deny the petition. See TEX. R. APP. P. 52.8(a). /Bill Whitehill/ BILL WHITEHILL JUSTICE 200759F.P05 –2–

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