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In re Cary

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 13, 2012
NUMBER 13-12-00697-CV (Tex. App. Nov. 13, 2012)

Opinion

NUMBER 13-12-00697-CV

11-13-2012

IN RE LLOYD R. CARY JR.


On Petition for Writ of Mandamus.


MEMORANDUM OPINION


Before Chief Justice Valdez and Justices Benavides and Perkes

Memorandum Opinion Per Curiam

Relator, Lloyd R. Cary Jr., filed a petition for writ of mandamus and a motion to stay trial in the above cause on November 9, 2012.

To be entitled to the extraordinary relief of a writ of mandamus, the relator must show that the trial court abused its discretion and that there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). The relator has the burden of establishing both prerequisites to mandamus relief, and this burden is a heavy one. In re CSX Corp., 124 S.W.3d 149, 151 (Tex. 2003) (orig. proceeding).

The Court, having examined and fully considered the petition for writ of mandamus and the applicable law, is of the opinion that relator has not his burden to obtain mandamus relief. See In re Prudential Ins. Co. of Am., 148 S.W.3d at 135-36; see also TEX. R. CIV. P. 204.1; Coates v. Whittington, 758 S.W.2d 749, 753 (Tex. 1988). Accordingly, the petition for writ of mandamus and the motion to stay trial are DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM Delivered and filed the 13th day of November, 2012.

See TEX. R. APP. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).


Summaries of

In re Cary

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Nov 13, 2012
NUMBER 13-12-00697-CV (Tex. App. Nov. 13, 2012)
Case details for

In re Cary

Case Details

Full title:IN RE LLOYD R. CARY JR.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Nov 13, 2012

Citations

NUMBER 13-12-00697-CV (Tex. App. Nov. 13, 2012)