In Re: Perry's Restaurant, LTD D/B/A Perry's Steakhouse & Grill v. the State of Texas

DENIED and Opinion Filed August 26, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00969-CV

IN RE PERRY'S RESTAURANT, LTD D/B/A
PERRY'S STEAKHOUSE & GRILL, Relator

Original Proceeding from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-22-00739-B

MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Garcia
Before the Court is relator’s August 16, 2024 petition for writ of mandamus.

Relator challenges the trial court’s May 21, 2024 Order Denying Defendant Perry’s

Restaurants, Ltd.’s Motion to Sever.

Entitlement to mandamus relief requires relator to show that the trial court

clearly abused its discretion and that relator lacks an adequate appellate remedy. In

re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig.

proceeding). After reviewing relator’s petition and the record before us, we conclude

that relator has failed to demonstrate entitlement to mandamus relief.
Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P.

52.8(a).

/Dennise Garcia/
DENNISE GARCIA
240969F.P05 JUSTICE

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