in Re: David Rose and Dana Rose

• Court: Court of Appeals of Texas
• Decided: February 20, 2007
• Docket: 14-07-00062-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 20, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed February 20, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00062-CV

IN RE DAVID ROSE AND DANA ROSE,

 Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M  O P I N I O N

On February 6, 2007, relators, David Rose and Dana Rose, filed a petition for writ of mandamus in this court, requesting we compel the Honorable Reece Rondon, presiding judge of the 234th District Court, Harris County, Texas, to vacate rulings on real party-in-interest=s motion for partial summary judgment, relators= motion to continue real party=s motion for partial summary judgment, and order respondent to hear the motion for partial summary judgment after the start of trial in the underlying case.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.

Relators have failed to establish that the trial court=s rulings are an abuse of discretion for which they

 have no adequate remedy by appeal.  See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005).

  Accordingly, we deny relators= petition for writ of mandamus.                                                                               

PER CURIAM

Petition Denied and Memorandum Opinion filed February 20, 2007.

Panel consists of Justices Yates, Anderson, and Hudson.