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In re Oaks

State of Texas in the Fourteenth Court of Appeals
Aug 24, 2017
NO. 14-17-00668-CV (Tex. App. Aug. 24, 2017)

Opinion

NO. 14-17-00668-CV

08-24-2017

IN RE MPT OF TWELVE OAKS, LP, Relator


ORIGINAL PROCEEDING WRIT OF MANDAMUS
County Civil Court at Law No. 1 Harris County, Texas
Trial Court Cause No. 1094343

MEMORANDUM OPINION

On August 15, 2017, relator MPT of Twelve Oaks, LP filed a petition for writ of mandamus in this court. See Tex. Gov't Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable George Barnstone, presiding judge of County Civil County at Law No. 1 of Harris County, to vacate his August 14, 2017 orders (1) denying MPT's motion for new trial and to reconsider and (2) releasing funds from the court's registry.

The trial court signed a final judgment in the underlying case on July 20, 2017 and, therefore, MPT has not demonstrated that it lacks an adequate remedy by appeal. See In re Nat'l Sec. Ins., No. 14-11-00013-CV, 2011 WL 332712, at*1 (Tex. App.—Houston [14th Dist.] Feb. 3, 2011, orig. proceeding) (mem. op.).

MPT has not established that it is entitled to mandamus relief. Accordingly, we deny relators' petition for writ of mandamus. We also deny MPT's motion for temporary relief.

PER CURIAM Panel consists of Justices Jamison, Busby, and Donovan.


Summaries of

In re Oaks

State of Texas in the Fourteenth Court of Appeals
Aug 24, 2017
NO. 14-17-00668-CV (Tex. App. Aug. 24, 2017)
Case details for

In re Oaks

Case Details

Full title:IN RE MPT OF TWELVE OAKS, LP, Relator

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Aug 24, 2017

Citations

NO. 14-17-00668-CV (Tex. App. Aug. 24, 2017)