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).