Jiminez, 01-09-00700-CV

Full title: JONATHAN J. JIMINEZ, AS NEXT FRIEND OF JONATHAN JIMINEZ, JR., PHYLLIS…

Court: Court of Appeals of Texas, First District, Houston

Date published: Sep 25, 2009

No. 01-09-00700-CV (Tex. App. Sep. 25, 2009)

Opinion

No. 01-09-00700-CV

Opinion issued September 25, 2009.

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices JENNINGS, BLAND, and SHARP.

Justice SHARP, dissenting without opinion.

MEMORANDUM OPINION ¹

1 The underlying case is Jonathan J. Jiminez, as Next Friend of Jonathan Jiminez, Jr., and Phyllis Scott, Individually, and as Representative of the Estate of Victoria De LaRosa Scott, Deceased, and Dennis De La Rosa, Cause No. 2006-28580, in the 189th Judicial District Court of Harris County, Texas, the Hon. William R. Burke, presiding.

PER CURIAM.

By petition for writ of mandamus, relators, Jonathan J. Jiminez, as next friend of Jonathan Jiminez, Jr., Phyllis Scott, individually and as representative of the estate of Victoria De La Rosa Scott, deceased, and Dennis De La Rosa, seek mandamus relief compelling the trial court to vacate its orders striking an expert witness.

We deny the petition for writ of mandamus. All outstanding motions are overruled as moot.