in Re: Edna Davis

• Court: Court of Appeals of Texas
• Decided: January 4, 2008
• Docket: 13-08-00005-CV
• Status: Published

Opinion

NUMBER 13-08-00005-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: EDNA DAVIS

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela

Memorandum Opinion Per Curiam

Relator, Edna Davis, filed a petition for writ of mandamus in the above cause on January 4, 2008, in which she alleges that the respondent, the Honorable Thomas Greenwell, Presiding Judge of the 319th Judicial District Court of Nueces County, Texas, abused his discretion by denying relator's motion to disqualify Bradford Condit as counsel for real parties in interest, Gulf Coast Construction & Restoration, Charles Ward, and Arne Norem, and by denying relator's motion to stay the January 7, 2008 trial court setting. In addition to the petition for writ of mandamus, relator filed a motion for emergency relief asking this Court to order a stay of the January 7, 2008 trial, pending this Court's determination of relator's petition for writ of mandamus.

Real parties in interest filed a reply to relator's motion for emergency temporary relief and motion for sanctions, and relator subsequently filed a response.

The Court, having examined and fully considered the petition for writ of mandamus, relator's motion for emergency relief, the real parties' in interest reply to relator's motion for emergency temporary relief, the real parties' motion for sanctions, and relator's response to real parties' reply, is of the opinion that relator has not shown herself entitled to the relief sought and the petition for writ of mandamus should be denied. In addition, the relator's motion for emergency temporary relief and the real parties' motion for sanctions are denied.

The petition for writ of mandamus is hereby DENIED. See Tex. R. App. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and

filed this the 4th day of January, 2008.