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In re Scoggins Constr. Co.

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Jun 30, 2008
No. 13-08-00317-CV (Tex. App. Jun. 30, 2008)

Opinion

No. 13-08-00317-CV

Opinion delivered and filed June 30, 2008.

On Petition for Writ of Mandamus.

Before Chief Justice VALDEZ and Justices GARZA and BENAVIDES.


MEMORANDUM OPINION


Relator, Scoggins Construction Company, Inc., filed a petition for writ of mandamus in the above cause on May 20, 2008. Through this original proceeding, relator challenges the trial court's order of April 2, 2008, denying relator's motion for leave to join third-party defendants and to designate responsible third parties. The Court requested and received a response from the real party in interest, Mercedes Independent School District.

Mandamus is an extraordinary remedy, which is available only when a trial court has clearly abused its discretion and the relator lacks an adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding) (citing Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992)); see also In re Team Rocket, L.P., 51 Tex. Sup. Ct. J. 945, 2008 Tex. LEXIS 501, *2 (Tex. May 23, 2008) (orig. proceeding).

The Court, having examined and fully considered the petition for writ of mandamus and response thereto, is of the opinion that relator has not shown itself entitled to the relief sought. See Tex. R. Civ. P. 37, 38; In re Unitec Elevator Servs. Co., 178 S.W.3d 53, 64-66 (Tex.App.-Houston [1st Dist.] 2005, orig. proceeding); In re Martin, 147 S.W.3d 453, 458-59 (Tex.App.-Beaumont 2004, orig. proceeding); In re Arthur Andersen LLP, 121 S.W.3d 471, 485-86 (Tex.App.-Houston [14th Dist.] 2003, orig. proceeding). Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).


Summaries of

In re Scoggins Constr. Co.

Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg
Jun 30, 2008
No. 13-08-00317-CV (Tex. App. Jun. 30, 2008)
Case details for

In re Scoggins Constr. Co.

Case Details

Full title:IN RE SCOGGINS CONSTRUCTION COMPANY, INC

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: Jun 30, 2008

Citations

No. 13-08-00317-CV (Tex. App. Jun. 30, 2008)

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