Opinion
No. 04-20-00067-CV
02-05-2020
IN RE MARTY, INC.
MEMORANDUM OPINION
Original Mandamus Proceeding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Irene Rios, Justice Beth Watkins, Justice PETITION FOR WRIT OF MANDAMUS DENIED
This proceeding arises out of Cause No. 2017CI03051, styled Myron L. Evans v. Marty Inc., pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable John D. Gabriel, Jr. presiding.
On January 30, 2020, relator filed a petition for writ of mandamus and a motion for stay of the underlying proceedings pending final resolution of the petition for writ of mandamus. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court concludes relator did not show it is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). Relator's motion for temporary relief is denied as moot.
PER CURIAM