In re Saks & Company LLC d/b/a Saks Fifth Avenue Off 5th and Dennis Joseph Belmonte Appeal from 224th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00605-CV IN RE SAKS & COMPANY LLC d/b/a Saks Fifth Avenue Off 5th and Dennis Joseph Belmonte Original Mandamus Proceeding 1 PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice Delivered and Filed: October 23, 2019 PETITION FOR WRIT OF MANDAMUS DENIED On September 6, 2019, relators filed a petition for writ of mandamus. Relators also filed a motion for stay of the trial court’s August 29, 2019 order denying a motion to quash pending final resolution of the petition for writ of mandamus. This court granted the stay on September 6, 2019. The real party in interest filed a response, to which relators replied. Mandamus is an extraordinary remedy, available only when the relator can show that: (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition, the response, the reply, and the record, this court This proceeding arises out of Cause No. 2018CI22528, styled Danielle Stefani Arellano Castro v. Saks & Company LLC d/b/a Saks Fifth Avenue Off 5th and Dennis Joseph Belmonte, pending in the 224th Judicial District Court, Bexar County, Texas, the Honorable Mary Lou Alvarez presiding. 1 04-19-00605-CV concludes relators did not satisfy their burden of proof. Therefore, they are not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). The stay imposed on September 6, 2019 is lifted. PER CURIAM -2-

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