In Re: Frederick Scroggins and Werner Enterprises, Inc. Appeal from 101st Judicial District Court of Dallas County (memorandum opinion)

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DENIED and Opinion Filed December 29, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-01078-CV IN RE FREDERICK SCROGGINS AND WERNER ENTERPRISES, INC., Relators Original Proceeding from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-01483 MEMORANDUM OPINION Before Justices Schenck, Partida-Kipness, and Nowell Opinion by Justice Nowell Relators’ December 10, 2020 petition for writ of mandamus challenges the trial court’s order striking two counter-affidavits under section 18.001(f) of the Texas Civil Practice and Remedies Code. Entitlement to mandamus relief requires relators to show that the trial court has clearly abused its discretion and that they have no adequate appellate remedy. In re Prudential Ins. Co., 148 S.W.3d 124, 135– 36 (Tex. 2004) (orig. proceeding). We conclude that relators have an adequate remedy on appeal. See In re Parks, No. 05-19-00375-CV, 2020 WL 774107, at *2 (Tex. App.—Dallas Feb. 18, 2020, orig. proceeding) (mem. op.) (relator had adequate remedy on appeal for review of order striking section 18.001 counter-affidavit). Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). /Erin A. Nowell/ ERIN A. NOWELL JUSTICE Schenck, J., concurring 201078F.P05 –2–

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