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IN RE LISH

Court of Appeals of Texas, Fourteenth District, Houston
Jul 24, 2008
No. 14-08-00581-CV (Tex. App. Jul. 24, 2008)

Opinion

No. 14-08-00581-CV

Opinion filed July 24, 2008.

Original Proceeding Writ of Mandamus.

Panel consists of Justices FROST, SEYMORE, and GUZMAN.


MEMORANDUM OPINION


On July 8, 2008, relator Nathan Lish filed a petition for writ of mandamus, petition for writ of injunction, and motion for reduction of bond. Relator asks that we issue a writ of mandamus ordering the trial court to accept a proffered security bond to supersede the $17,000 money judgment rendered against him. Relator asks further that we reduce the amount of security ordered by the trial court and issue a writ of injunction preventing enforcement of the judgment against him pending the resolution of these proceedings.

Relator also has brought an appeal of the underlying trial proceedings, which has been docketed in this Court as Cause No. 14-08-00587-CV. Review of a trial court's decision on supersedeas is more properly presented as a motion in the pending related appeal. See Tex. R. App. P. 24.4. We therefore conclude that relator has an adequate appellate remedy, and is not entitled to mandamus relief. In re Union Pac. Res. Co., 969 S.W.2d 427, 428-29 (Tex. 1998) (orig. proceeding).

We construe relator's petition for writ of mandamus, petition for writ of injunction, and motion for reduction of bond as motions to review the type and sufficiency of the amount of security ordered by the trial court, and transfer these motions to Cause No. 14-08-00587-CV. See Tex. R. App. P. 24.4.

Having done so, we dismiss the petition for writ of mandamus. See In re Jamilah, No. 14-06-00842-CV, 2006 WL 2805552, at *1 (Tex.App.-Houston [14th Dist.] Oct. 3, 2006, orig. proceeding) (mem. op.).


Summaries of

IN RE LISH

Court of Appeals of Texas, Fourteenth District, Houston
Jul 24, 2008
No. 14-08-00581-CV (Tex. App. Jul. 24, 2008)
Case details for

IN RE LISH

Case Details

Full title:IN RE NATHAN LISH, Relator

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jul 24, 2008

Citations

No. 14-08-00581-CV (Tex. App. Jul. 24, 2008)