in Re: Astec Underground, Inc.

• Court: Court of Appeals of Texas
• Decided: February 3, 2011
• Docket: 13-11-00065-CV
• Status: Published

Opinion

NUMBER 13-11-00065-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE ASTEC UNDERGROUND, INC.

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Perkes Per Curiam Memorandum Opinion1

Relator, Astec Underground, Inc., filed a petition for writ of mandamus and

emergency motion to stay proceedings in the above cause on February 2, 2011,

seeking to compel the trial court to withdraw its order of January 31, 2011, as well as its

ruling of February 1, 2011, permitting the de-designation of an expert witness.

The Court, having examined and fully considered the petition for writ of

mandamus, is of the opinion that relator has not shown itself entitled to the relief sought.

1 See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions). See Tom L. Scott, Inc. v. McIlhany, 798 S.W.2d 556, 558 (Tex. 1990); In re State Farm

Mut. Auto. Ins. Co., 100 S.W.3d 338, 340 (Tex. App.–San Antonio 2002, orig.

proceeding); Lopez v. Martin, 10 S.W.3d 790, 794 (Tex. App.–Corpus Christi 2000, pet.

denied); In re Doctors' Hosp., 2 S.W.3d 504, 506 (Tex. App.–San Antonio 1999, orig.

proceeding); Castellanos v. Littlejohn, 945 S.W.2d 236, 241 (Tex. App.–San Antonio

1997, orig. proceeding). Accordingly, the petition for writ of mandamus and emergency

motion to stay proceedings are DENIED. See TEX. R. APP. P. 52.8(a).

PER CURIAM

Delivered and filed the 3rd day of February, 2011.