Opinion
01-23-00519-CV
08-08-2023
IN RE OLIVIA REYNER, Relator
Original Proceeding on Petition for Writ of Mandamus
Panel consists of Chief Justice Adams and Justices Guerra and Farris.
MEMORANDUM OPINION
PER CURIAM
On July 19, 2023, relator, Olivia Reyner, proceeding pro se, filed a petition for a writ of mandamus asserting that the trial court abused its discretion "by issuing constitutionally insufficient notice of proceedings to the parties in the underlying case, while simultaneously intending to unfairly dismiss the underlying case for want of prosecution," by "failing to comply with mandatory and non-discretionary provisions of" Texas Rule of Civil Procedure 21(b), and by "failing to timely rule on multiple properly filed pre-trial [m]otions that [were] pending before" the trial court. Relator requested that the Court grant mandamus relief and "instruct[] the trial court to provide the parties with proper and sufficient notice of proceedings" and to "timely rule on properly filed pre-trial [m]otions that are pending before it" prior to "dismiss[ing] the underlying case for want of prosecution."
The underlying case is Olivia Reyner v. Makansam Inc., d/b/a Ideal Towing, Area 5 Auto Storage LP d/b/a Area 5 Vehicle Storage, Akiko Kimura, and Rise Association Management Group LLC, Cause No. 1189049, in County Civil Court at Law No. 4 of Harris County, Texas, the Honorable Manpreet Singh presiding.
Also, on July 19, 2023, and in connection with her mandamus petition, relator filed an "Emergency Motion to Stay." In her emergency motion, relator requested that the Court "stay[] the trial court's status conference scheduled for July 18, 2023, and that the Court stay[] any requirements or obligations set forth in the trial court's notice of status conference and intent to dismiss for want of prosecution, which it issued on June 9, 2023."
Our review of relator's mandamus petition reflects that relator has failed to establish that she is entitled to mandamus relief. Accordingly, we deny relator's petition for writ of mandamus. See TEX. R. APP. P. 52.8(A). All pending motions, including relator's “Emergency Motion to Stay,” are dismissed as moot.