In Re The Alex Group, LLC Appeal from 398th District Court of Hidalgo County (memorandum opinion)
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NUMBER 13-19-00226-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE THE ALEX GROUP, LLC On Petition for Writ of Mandamus. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Hinojosa Memorandum Opinion by Justice Hinojosa 1 Relator The Alex Group, LLC (TAG) filed a petition for writ of mandamus in the above cause on May 15, 2019. Through this original proceeding, TAG seeks to compel the trial court to vacate an order granting a motion for extension of time for La Joya Independent School District (La Joya) to file a certificate of merit and to grant TAG’s motion to dismiss the case against it. See TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(c). See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so. When granting relief, the court must hand down an opinion as in any other case.”); see also id. R. 47.4 (distinguishing opinions and memorandum opinions). 1 To be entitled to the extraordinary relief of a writ of mandamus, the relator must show that the trial court abused its discretion and that there is no adequate remedy by appeal. In re Dawson, 550 S.W.3d 625, 628 (Tex. 2018) (orig. proceeding) (per curiam); In re Nationwide Ins. Co. of Am., 494 S.W.3d 708, 712 (Tex. 2016) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). An abuse of discretion occurs when a trial court’s ruling is arbitrary and unreasonable or is made without regard for guiding legal principles or supporting evidence. In re Nationwide, 494 S.W.3d at 712; Ford Motor Co. v. Garcia, 363 S.W.3d 573, 578 (Tex. 2012). We determine the adequacy of an appellate remedy by balancing the benefits of mandamus review against the detriments. In re Essex Ins. Co., 450 S.W.3d 524, 528 (Tex. 2014) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d at 136. The Court, having examined and fully considered the petition for writ of mandamus and the response filed by La Joya, is of the opinion that TAG has not met its burden to obtain mandamus relief. See TEX. CIV. PRAC. & REM. CODE ANN. § 150.002(c); WCM Group, Inc. v. Camponovo, 305 S.W.3d 214, 220–21 (Tex. App.—Corpus Christi 2009, pet. dism’d); WCM Group, Inc. v. Brown, 305 S.W.3d 222, 231 (Tex. App.—Corpus Christi 2009, pet. dism’d). Accordingly, we deny the petition for writ of mandamus. LETICIA HINOJOSA Justice Delivered and filed the 10th day of July, 2019. 2
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