Opinion
NO. 14-16-00033-CV
01-26-2016
IN RE RICHARD D DAVIS LLP, A NEVADA LIMITED LIABILITY PARTNERSHIP, RICHARD D. DAVIS, LLP., A TEXAS GENERAL PARTNERSHIP, AND PATRICIA K. SUAREZ, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 506th Judicial District Court Waller County, Texas
Trial Court Cause No. 08-12-19600
MEMORANDUM OPINION
On January 19, 2016, relators Richard D Davis LLP, a Nevada Limited Liability Partnership, Richard D. Davis, LLP., a Texas General Partnership, and Patricia K. Suarez 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, relators ask this court to compel the Honorable Terry Fleniken, presiding judge of the 506th Judicial District Court of Waller County, to: (1) vacate his order denying relators' Plea in Abatement and to enter an order requiring Plaintiffs to join all lot owners in Sky Lakes Addition Sections I and II who are not already a party to the case below, and (2) alternatively, vacate his order denying relators' Plea in Abatement, abate the proceeding below, and to grant relators a reasonable length of time within which to join all absent lot owners in Sky Lakes Addition Sections I and II to the suit below at relators' expense.
To obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that relator has no adequate remedy by appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding). Relators have not established that they are entitled to mandamus relief. We therefore deny relators' petition for writ of mandamus.
Relators have also filed a motion for temporary relief asking this court to stay the proceedings below. Because we deny the petition for writ of mandamus, we also deny the motion for temporary relief.
PER CURIAM Panel consists of Justices Christopher, McCally, and Busby.