in Re Augustine Nwabuisi, Rose Nwabuisi, Resource Health Services, Inc. D/B/A Resource Home Health Services, Inc. and Resource Care Corporation

• Court: Court of Appeals of Texas
• Decided: July 22, 2014
• Docket: 04-14-00506-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas July 22, 2014

No. 04-14-00506-CV

IN RE Augustine NWABUISI, Rose Nwabuisi, Resource Health Services, Inc. d/b/a Resource Home Health Services, Inc. and Resource Care Corporation

Original Proceeding 1

ORDER

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Rebeca C. Martinez, Justice

On July 22, 2014, relators filed a petition for writ of prohibition and an emergency motion to stay proceedings and for emergency relief pending a ruling on the petition. The court has considered the petition for writ of prohibition and is of the opinion that relators are not entitled to the relief sought. The issuance of an extraordinary writ is not authorized when the relator has an adequate remedy available in a pending appeal. Holloway v. Fifth Court of Appeals, 767 S.W.2d 680, 684 (Tex. 1989). Accordingly, the petition for writ of prohibition and the emergency motion to stay proceedings and request for emergency relief are DENIED. See TEX. R. APP. P. 52.8(a). The court’s opinion will issue at a later date.

It is so ORDERED on July 22nd, 2014.

_____________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of July, 2014.

_____________________________ Keith E. Hottle Clerk of Court

1 This proceeding arises out of Cause No. 2014-CI-05341, styled Dana D. Mohammadi v. Augustine Nwabuisi, Rose Nwabuisi, Resource Health Services, Inc. d/b/a Resource Home Health Services, Inc. and Resource Care Corporation, pending in the 57th Judicial District Court, Bexar County, Texas.