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In re McGarity

Court of Appeals of Texas, Fourth District, San Antonio
Jun 25, 2008
No. 04-08-00389-CV (Tex. App. Jun. 25, 2008)

Opinion

No. 04-08-00389-CV

Delivered and Filed: June 25, 2008.

Original Mandamus Proceeding.

This proceeding arises out of Cause No. 2008-CI-01376, styled Raymond Daniels v. Clifton McGarity, Jr., pending in the 408th Judicial District Court, Bexar County, Texas, the Honorable Barbara Nellermoe presiding.

Petition for Writ of Mandamus Denied.

Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


Relator Clifton McGarity, Jr. petitions for a writ of mandamus directing the trial court to vacate its "judgment/order" dated May 22, 2008 in the underlying suit to remove a cloud on title. To justify relief by mandamus, a relator must demonstrate he has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (stating requirements for mandamus relief). The order in question is final and appealable and thus McGarity is not entitled to mandamus relief. Accordingly, the petition for a writ of mandamus is denied. Tex. R. App. P. 52.8(a).


Summaries of

In re McGarity

Court of Appeals of Texas, Fourth District, San Antonio
Jun 25, 2008
No. 04-08-00389-CV (Tex. App. Jun. 25, 2008)
Case details for

In re McGarity

Case Details

Full title:IN RE CLIFTON McGARITY, JR

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 25, 2008

Citations

No. 04-08-00389-CV (Tex. App. Jun. 25, 2008)