Opinion
No. 04-16-00469-CV
07-29-2016
IN RE Howard Kerry GARNER
This proceeding arises out of Cause No. 13-03-11919-DCVAJA, styled Mike Weeks, Linda Weeks, and Weeks Environmental, LLC v. Howard Kerry Garner, pending in the 365th Judicial District Court, Dimmit County, Texas, the Honorable Amado J. Abascal, III presiding. --------
ORDER
Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice, Dissenting Luz Elena D. Chapa, Justice
On July 27, 2016, relator Howard Kerry Garner filed a petition for writ of mandamus and a motion for temporary relief seeking to stay the trial court proceedings in the underlying suit pending a ruling on the mandamus petition. Real Parties in Interest filed a response, and Relator filed a reply. The court has considered the petition for writ of mandamus, the response and the reply, and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus and the motion for temporary relief are DENIED. See TEX. R. APP. P. 52.8(a). The court's opinion and the dissenting opinion will issue at a later date.
It is so ORDERED on July 29, 2016.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of July, 2016.
/s/_________
Keith E. Hottle, Clerk