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In re Jazzercise, Inc.

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2011
No. 05-11-01034-CV (Tex. App. Aug. 30, 2011)

Summary

denying mandamus relief despite relators' challenge that trial court order granting new trial was “on erroneous and pretextual reasons”

Summary of this case from In re Toyota Motor Sales, U.S.A., Inc.

Opinion

No. 05-11-01034-CV

Opinion issued August 30, 2011.

Original Proceeding from the 68th Judicial District Court, Dallas County, Texas, Trial Court Cause No. DC-07-06369.

Before Chief Justice WRIGHT and Justices MOSELEY and FILLMORE.


MEMORANDUM OPINION


Relators contend the trial judge granted a motion for new trial on erroneous and pretextual reasons. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relators have not shown they are entitled to the relief requested. See Tex. R. App. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). Accordingly, we DENY relators' petition for writ of mandamus, unopposed motion for temporary relief, and amended emergency motion for temporary relief.


Summaries of

In re Jazzercise, Inc.

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2011
No. 05-11-01034-CV (Tex. App. Aug. 30, 2011)

denying mandamus relief despite relators' challenge that trial court order granting new trial was “on erroneous and pretextual reasons”

Summary of this case from In re Toyota Motor Sales, U.S.A., Inc.
Case details for

In re Jazzercise, Inc.

Case Details

Full title:IN RE JAZZERCISE, INC. AND KELLIE ELLINGTON, Relators

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 30, 2011

Citations

No. 05-11-01034-CV (Tex. App. Aug. 30, 2011)

Citing Cases

In re Toyota Motor Sales, U.S.A., Inc.

) (denying mandamus relief and concluding mandamus review is not available when relators are simply asking…