in Re Andres Waibel

• Court: Court of Appeals of Texas
• Decided: March 12, 2009
• Docket: 14-09-00190-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 12, 2009

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 12, 2009.

In The

Fourteenth Court of Appeals

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NO. 14-09-00190-CV

IN RE ANDRES WAIBEL, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On February 26, 2009, relator, Andres Waibel, filed a petition for writ of mandamus in this court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In the petition, relator requests that we compel the respondent, the Honorable Roberta Lloyd, presiding judge of County Court at Law No. 4 of Harris County, to continue the March 2, 2009 bench trial, enter a docket control order setting deadlines for discovery, intervention, or parties, and setting a trial date no earlier than forty-five days from the date of the docket control order.  On February 27, 2009, we issued an order staying the March 2, 2009 bench trial, and requested a response from real party in interest, Melinda Thompkins.

On March 4, 2009, relator and Thompkins filed a notice in this court of their agreement that the trial court sign a docket control order setting deadlines for discovery, intervention, or parties, and setting a trial date no earlier than forty-five days from the date of the docket control order.  Relator=s requested relief is moot. 

Accordingly, we deny relator=s petition for writ of mandamus.  We further lift the stay issued on February 27, 2009. 

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Seymore.