in Re: John Holloway

• Court: Court of Appeals of Texas
• Decided: October 21, 2004
• Docket: 14-04-00812-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 21, 2004

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 21, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-04-00812-CV

IN RE JOHN H. HOLLOWAY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On August 23, 2004, relator filed a petition for writ of mandamus in this court.  See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In his petition, relator seeks to have this court compel assigned Judge P.K. Reiter to conduct a hearing to determine the reasonableness of the court reporters= fees in the related underlying case.^[1] 

Relator has not established that he is entitled to mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed October 21, 2004.

Panel consists of Chief Justice Hedges and Justices Fowler and Seymore.

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^[1]  The underlying case is styled John H. Holloway v. Douglas Wohlfahrt and Lynn Wohlfahrt, in consolidated cause numbers 92-010589, 92-010590, and 92-010256, in the 129th District Court, Harris County, Texas.  The Court of Appeals for the First District of Texas originally reversed the trial court=s judgment in favor of relator and remanded for a new trial.  See Wohlfahrt v. Holloway, No. 01-99-00205-CV, 2001 WL 84212 (Tex. App.CHouston [1st Dist.] 2001, pet. denied) (not designated for publication).  Relator has appealed the order on costs of the appeal in our case number 14-03-01130-CV, styled Holloway v. Wohlfhart.  After a retrial, the court entered a judgment in favor of relator, and the Wohlfahrts have appealed in our case number 14-03-01084-CV, styled Wohlfahrt v. Holloway.  The appeals remain pending before this court.