Opinion
No. 09-11-00014-CV
Opinion Delivered February 3, 2011.
Original Proceeding.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
A mandamus petition filed by BNSF Railway Company asks this Court to order the trial court to vacate its docket control order of September 27, 2010, to reinstate a docket control order agreed to by the parties in September 2009, to enforce the deadlines stated in the agreed order, and to rule on both relator's no-evidence motion for summary judgment and relator's traditional motion for summary judgment based on limitations.
Mandamus will issue only to correct a clear abuse of discretion when that abuse cannot be remedied by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992). After reviewing the mandamus record and petition, we conclude that the relator has not demonstrated a clear abuse of discretion by the trial court for which there is no adequate appellate remedy. Accordingly, we deny the petition for writ of mandamus.
PETITION DENIED.