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In re Wimberly

Court of Appeals of Texas, Fifth District, Dallas
Sep 15, 2009
No. 05-09-01065-CV (Tex. App. Sep. 15, 2009)

Opinion

No. 05-09-01065-CV

Opinion issued September 15, 2009.

On Appeal from the County Court at Law No. 1 Dallas County, Texas, Trial Court Cause No. cc-07-9299.

Before Justices WRIGHT, O'NEILL, and MURPHY.


MEMORANDUM OPINION


Relator complains the trial court has failed to rule upon relator's motion to dismiss or alternative motion to abate in advance of a September 14, 2009 trial setting. The facts and issues are well known to the parties, so we need not recount them herein. Based on the record before us, we conclude relator has not shown that he does not have an adequate remedy at law. See Tex. R. App. P. 52.8(a); In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004).

Accordingly, we DENY relator's petition for writ of mandamus and writ of prohibition.


Summaries of

In re Wimberly

Court of Appeals of Texas, Fifth District, Dallas
Sep 15, 2009
No. 05-09-01065-CV (Tex. App. Sep. 15, 2009)
Case details for

In re Wimberly

Case Details

Full title:IN RE JOHN C. WIMBERLY, II, Relator

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Sep 15, 2009

Citations

No. 05-09-01065-CV (Tex. App. Sep. 15, 2009)