in Re: Jon A. Marshall

• Court: Court of Appeals of Texas
• Decided: August 16, 2007
• Docket: 14-07-00633-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 16, 2007

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 16, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00633-CV

IN RE JON A. MARSHALL,

 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 2, 2007, relator Jon A. Marshall filed a petition for writ of mandamus in this court, seeking an order directing respondent, the Honorable Linda Storey, presiding judge of the County Court at Law No. 3 of Harris County, Texas, to vacate her order denying relator=s AMotion to Set Aside Findings of Fact and Conclusions of Law, Motion to Reconsider Plea in Abatement, and Second Plea in Abatement@ filed in the underlying statutory condemnation proceeding.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see  also  Tex. R. App. P. 52.1.

Relator has failed to establish that the trial court=s ruling is an abuse of discretion for which he has no adequate remedy by appeal.  See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005).  Accordingly, we deny relator=s petition for writ of mandamus.                                                                                

PER CURIAM

Petition Denied and Memorandum Opinion filed August 16, 2007.

Panel consists of Chief Justice Hedges, Justices Hudson and Guzman.