in Re Hercules Offshore, Inc.

• Court: Court of Appeals of Texas
• Decided: March 3, 2011
• Docket: 14-11-00098-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 3, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-11-00098-CV

IN RE HERCULES OFFSHORE, INC., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

County Court at Law No. 3

Galveston, County, Texas

Trial Court Cause No. CV-63529

M E M O R A N D U M   O P I N I O N

            On February 7, 2011, relator filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.  Relator complains that respondent, the Honorable Christopher Dupuy, presiding judge of County Court at Law No. 3 of Galveston County, Texas, abused his discretion by denying relator’s motion to transfer venue.

The question presented is whether, on the record before it, the trial court could find a substantial part of the events or omissions giving rise to the claims of real party in interest, Frank Martin, occurred in Galveston County.  We find the record does not demonstrate the trial court could reasonably have reached only one decision or that the trial court’s decision was arbitrary and unreasonable.  See Johnson v. Fourth Court of Appeals, 700 S.W.2d 916, 917-18 (Tex. 1985).  The record is insufficient for this court to disturb the trial court’s ruling.

Relator has not established it is entitled to mandamus relief.  Accordingly, we deny the petition for writ of mandamus.

                                                                        PER CURIAM

Panel consists of Justices Brown, Boyce, and Jamison.