in Re: Christopher McCloskey

• Court: Court of Appeals of Texas
• Decided: January 31, 2008
• Docket: 14-08-00040-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 31, 2008

Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 31, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00040-CV

IN RE CHRISTOPHER JOSEPH MCCLOSKEY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On January 22, 2008, relator, Christopher J. McCloskey, filed a petition for writ of mandamus, writ of prohibition, and writ of injunction.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004).  Relator asks this Court to order the Honorable Robert J. Kern, Judge of the 387th District Court, Fort Bend County, Texas, to vacate all orders related to the garnishment suit filed by real party in interest, Anne Miriam McClosky.  Relator also requests that real party in interest be enjoined from prosecuting such garnishment action pending the appeal in this Court in cause number 14-06-00470-CV. 

Relator=s petition is not in compliance with the Texas Rules of Appellate Procedure.  See Tex. R. App. P. 52.3; 52.3(j)(1)(A); and 52.7.  Because relator has not established his entitlement to the extraordinary relief of a writ of mandamus, writ of prohibition, or writ of injunction, relator=s petition is DENIED. 

Relator also filed, concurrently with his petition, an emergency motion to stay enforcement of the judgment.  Because relator is not entitled to relief pursuant to his petition of mandamus, he is not entitled to an emergency stay of enforcement of the judgment.  Therefore relator=s emergency motion to enforce the judgment is DENIED.

PER CURIAM

Petition Denied and Memorandum Opinion filed January 31, 2008.

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