in Re: Honeywell, Inc.

• Court: Court of Appeals of Texas
• Decided: August 30, 2004
• Docket: 13-04-00442-CV
• Status: Published

Opinion

v00154

NUMBER 13-04-442-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

__________________________________________________________

IN RE: HONEYWELL INTERNATIONAL, INC., Relator.

On Petition for Writ of Mandamus

and Emergency Motion for Stay of Trial Setting

MEMORANDUM OPINION

Before Justices Hinojosa, Garza and Wittig

Opinion Per Curiam

          Relator filed a petition for writ of mandamus in the above cause on August 30, 2004, requesting a writ directing Respondent, the Honorable Benjamin Euresti, Jr., Presiding Judge of the 107^th District Court of Cameron County, to deny leave to real party in interest, San Benito Consolidated Independent School District, to file its fifth amended original petition and to strike such amended petition, or, in the alternative, to grant relator’s motion to join responsible third parties and relator’s motion for a continuance. Relator also filed an emergency motion for stay of trial setting. Real party filed a response to the motion and a response to the petition for writ of mandamus. The Court, having examined and fully considered the petition for writ of mandamus, the emergency motion, and the responses, is of the opinion that said petition and emergency motion should be denied. Accordingly, we DENY relator’s petition for writ of mandamus and emergency motion for stay of trial setting.

                                                                                      PER CURIAM

Memorandum opinion delivered and filed

this the 30th day of August, 2004.