in Re Kathleen Penrod

• Court: Court of Appeals of Texas
• Decided: October 22, 2009
• Docket: 14-09-00776-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 22, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00776-CV

IN RE KATHLEEN PENROD, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

            On September 10, 2009, relator, Kathleen Penrod, 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 the petition, relator asks this court to compel the Honorable Tony Lindsay, presiding judge of the 280th District Court of Harris County, to vacate her September 2, 2009 orders striking Shelly Penrod’s petition in intervention, and excluding the testimony of relator’s expert witnesses, David S. Komm, Richard N. Hinrichs, and Richard C. Vanglish.

            Relator has not established her entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator’s petition for writ of mandamus.  We further lift the stay issued on September 11, 2009.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Anderson and Brown.