Summary
denying mandamus relief and concluding mandamus review is not available when relators are simply asking appellate court to “review the trial court's reasons for not granting a new trial”
Summary of this case from In re Toyota Motor Sales, U.S.A., Inc.Opinion
No. 04-11-00708-CV
Delivered and Filed: October 12, 2011.
This proceeding arises out of Cause No. 2010-CI-00042, styled Sioban Leszczynski, Individually and Personal Representative of the Estate of Avis Kilbride, et al. v. State Farm Mutual Automobile Insurance Company, in the 37th Judicial District Court, Bexar County, Texas, the Honorable David A. Berchelmann presiding. However, the order complained of was signed by the Honorable Peter A. Sakai, presiding judge of the 225th Judicial District Court, Bexar County, Texas.
Petition for Writ of Mandamus Denied.
Sitting: KAREN ANGELINI, Justice, PHYLIS SPEEDLIN, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On September 26, 2011, relator filed a petition for writ of mandamus, asking us to review the trial court's reasons for granting a new trial. However, we recently held that such mandamus review is not available. See In re Camp Mystic, Inc., No. 04-10-00766-CV (Tex. App.-San Antonio Oct. 5, 2011, orig. proceeding) (mem. op.), available at http://www.4thcoa.courts.state.tx.us/ opinions/docket.asp?FullDate=20111005. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).