in Re Jeffrey J. Rourke

• Court: Court of Appeals of Texas
• Decided: January 16, 2009
• Docket: 14-08-01073-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied, Motion for Temporary Relief and Motion for Ruling on Motion for Temporary Relief Denied as Moot, and Memorandum Opinion filed January 16, 2009

Petition for Writ of Mandamus Denied, Motion for Temporary Relief and Motion for Ruling on Motion for Temporary Relief Denied as Moot, and Memorandum Opinion filed January 16, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-01073-CV

IN RE JEFFREY K. ROURKE, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On November 25, 2008, relator Jeffrey K. Rourke filed a petition for writ of mandamus in which he contends the trial court abused its discretion by refusing to dismiss  the underlying lawsuit for want of subject-matter jurisdiction.  See Tex. Gov=t Code Ann. ' 22.221(b) (Vernon 2004); Tex. R. App. P. 52.  Relator has also asked that we stay all underlying proceedings pending the resolution of his mandamus petition.  We conclude that relator has not demonstrated his entitlement to the extraordinary remedy of a writ of mandamus.  Therefore, we deny the petition for a writ of mandamus.  We also deny, as moot, relator=s request for temporary relief and AMotion for Ruling on Motion for Temporary Relief.@

PER CURIAM

Panel consists of Justices Yates, Seymore, and Boyce.