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Amelia v. Kelly

State of Texas in the Fourteenth Court of Appeals
Nov 26, 2014
NO. 14-14-00944-CV (Tex. App. Nov. 26, 2014)

Opinion

NO. 14-14-00944-CV

11-26-2014

IN RE AMELIA v. KELLY, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS 122nd District Court Galveston County, Texas
Trial Court Cause No. 11CV0325

MEMORANDUM OPINION

On November 25, 2014, relator Amelia V. Kelly filed a petition for writ of mandamus in this court. See Tex. Gov't Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable John Ellisor, presiding judge of the 122nd District Court of Galveston County, to vacate three orders pertaining to a motion by the real party in interest to enforce the final judgment in the underlying litigation by foreclosure of relator's real property. Along with her petition, relator also filed in this court a motion for temporary relief, asking this court to stay enforcement of one of the challenged orders in which the trial court ordered foreclosure of the subject property and a corresponding Sheriff's sale of the property. See Tex. R. App. P. 52.8(b), 52.10.

Just in October of this year, relator filed a petition for writ of mandamus in this court with respect to the same orders that are challenged in the present case. We denied relator's previous petition. See In re Kelly, No. 14-14-00789-CV, 2014 WL 5492809, *1 (Tex. App.—Houston [14th Dist.] Oct. 30, 2014, orig. proceeding) (mem. op., per curiam). Relator now returns with a new petition for writ of mandamus, but presents the same issues and arguments that were contained in the earlier petition. Relator has not identified any compelling reason for us to reconsider our prior decision, nor are we aware of any such reason.

Accordingly, we deny relator's petition for writ of mandamus. We further deny as moot relator's motion for temporary relief.

PER CURIAM Panel consists of Justices Boyce, Jamison, and Donovan.


Summaries of

Amelia v. Kelly

State of Texas in the Fourteenth Court of Appeals
Nov 26, 2014
NO. 14-14-00944-CV (Tex. App. Nov. 26, 2014)
Case details for

Amelia v. Kelly

Case Details

Full title:IN RE AMELIA v. KELLY, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Nov 26, 2014

Citations

NO. 14-14-00944-CV (Tex. App. Nov. 26, 2014)

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On November 25, Kelly filed another petition for writ of mandamus urging the same six issues outlined above.…