in Re Jason Lee Whitney

• Court: Court of Appeals of Texas
• Decided: April 16, 2019
• Docket: 09-19-00117-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-19-00117-CV __________________

IN RE JASON LEE WHITNEY

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Original Proceeding 279th District Court of Jefferson County, Texas Trial Cause No. F-227,594 __________________________________________________________________

MEMORANDUM OPINION

Jason Lee Whitney filed a petition for a writ of mandamus and a motion for

temporary relief. See Tex. R. App. P. 52. Relator complains that the trial court

granted a traditional motion for partial summary judgment on claims relator brought

against the real party in interest, Jessica Garth Whitney, failed to compel depositions,

and denied a motion for continuance of the trial. After reviewing the petition and the

mandamus record, we conclude that the relator has not established that he has no

adequate remedy by appeal. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124,

1 135-36 (Tex. 2004) (orig. proceeding). Accordingly, we deny the petition for a writ

of mandamus and the motion for temporary relief. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on April 16, 2019 Opinion Delivered April 16, 2019

Before McKeithen, C.J., Horton and Johnson, JJ.