In Re Amy Zavesky v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 23, 2023
• Docket: 01-23-00107-CV
• Status: Published

Opinion

Opinion issued February 23, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00107-CV ——————————— IN RE AMY ZAVESKY, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, Amy Zavesky, filed a petition for a writ of mandamus challenging

the trial court’s December 9, 2022 “Order Denying [Relator’s] Motion to Strike

Deemed Admissions,” asserting that the trial court abused its discretion by finding

that requests for admission, served by real party in interest, Kayla Woodling, were

deemed admitted based on relator’s failure to timely respond when the requests for

admission “were never properly served.” In her mandamus petition, relator requests that the Court grant her petition for writ of mandamus and “reverse the trial court’s

Order Denying [Relator’s] Motion to Strike Deemed Admissions.”1

In connection with her petition for writ of mandamus, relator also filed a

“Motion for Temporary Relief,” requesting that this Court “stay the trial of the

underlying proceeding,” currently set on the trial court’s docket for March 13, 2023,

“until such time as the issues raised” in her petition for writ of mandamus were

resolved by the Court.

We deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a).

Any pending motions, including relator’s “Motion for Temporary Relief,” are

dismissed as moot.

PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra.

1 The underlying case is Kayla Woodling v. Amy Zavesky, Cause No. 21-CV-0848, in the 212th District Court of Galveston County, Texas, the Honorable Patricia Grady presiding.