In Re: Matheson Tri-Gas, Inc. Appeal from 95th District Court of Dallas County (memorandum opinion)

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DENY and Opinion Filed November 19, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00974-CV IN RE MATHESON TRI-GAS, INC., Relator Original Proceeding from the 95th District Court Dallas County, Texas Trial Court Cause No. DC-20-14572 MEMORANDUM OPINION Before Justices Whitehill, Pedersen, III, and Carlyle Opinion by Justice Whitehill Relator’s November 10, 2020 petition for writ of mandamus asks us to compel the trial court to issue a ruling on the application for temporary restraining order and injunctive relief. Entitlement to mandamus relief requires relator to 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 petition and the record before us, we conclude that relator has failed to show its entitlement to the relief requested. Accordingly, we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Having denied the petition, we also deny relator’s motion for emergency stay as moot. /Bill Whitehill/ BILL WHITEHILL JUSTICE 200974F.P05 –2–

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