In re Action Car Rental, L.L.C. v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas denied Action Car Rental, L.L.C.'s petition for writ of mandamus. The relator argued that the trial court abused its discretion by denying summary judgment based on the federal Graves Amendment, but the court concluded that the relator had not met its burden and had failed to correct identified defects in its petition and record.

Holdings

1. A relator seeking mandamus relief must prove that the trial court clearly abused its discretion and that the relator lacks an adequate remedy on appeal.
2. Action Car Rental was not entitled to mandamus relief because it failed to meet its burden, including failing to correct defects in its petition and the record after being directed to do so.

Questions Presented

1. Whether Action Car Rental was entitled to mandamus relief based on the trial court's denial of its motion for summary judgment under the federal Graves Amendment.
2. Whether relator established the requirements for mandamus relief, including a clear abuse of discretion and the absence of an adequate remedy by appeal.

Disposition

writ_denied