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In re Universal Steel Buildings Corp.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Aug 7, 2017
NO. 02-17-00248-CV (Tex. App. Aug. 7, 2017)

Opinion

NO. 02-17-00248-CV

08-07-2017

IN RE UNIVERSAL STEEL BUILDINGS CORP. RELATOR


ORIGINAL PROCEEDING
TRIAL COURT NO. CV-2016-01310 MEMORANDUM OPINION

On July 26, 2017, relator, Universal Steel Buildings, Corp., filed a petition for writ of mandamus contending that the trial court abused its discretion in denying its motion to stay the underlying lawsuit based upon the principle of comity.

To be entitled to the extraordinary relief of a writ of mandamus, relator must show that the trial court committed a clear abuse of discretion and that there is no adequate remedy by appeal. In re Laibe Corp., 307 S.W.3d 314, 316 (Tex. 2010) (orig. proceeding); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Mandamus is appropriate to preserve the principles of comity. See In re BP Oil Supply Co., 317 S.W.3d 915, 922-23 (Tex. App.—Houston [14th Dist.] 2010, orig. proceeding); see also In re Cooper Indus., LLC, No. 14-13-00500-CV, 2013 WL 3893984, at *1 (Tex. App.—Houston [14th Dist.] July 25, 2013, orig. proceeding) (mem. op.).

The court has considered relator's petition for writ of mandamus and is of the opinion that relator has not shown itself entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied.

PER CURIAM PANEL: GABRIEL, WALKER, and SUDDERTH, JJ. WALKER, J. would request a response. DELIVERED: August 7, 2017


Summaries of

In re Universal Steel Buildings Corp.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Aug 7, 2017
NO. 02-17-00248-CV (Tex. App. Aug. 7, 2017)
Case details for

In re Universal Steel Buildings Corp.

Case Details

Full title:IN RE UNIVERSAL STEEL BUILDINGS CORP. RELATOR

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Aug 7, 2017

Citations

NO. 02-17-00248-CV (Tex. App. Aug. 7, 2017)