in Re Kebo Corporation

• Court: Court of Appeals of Texas
• Decided: March 21, 2006
• Docket: 14-06-00228-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed 21, 2006

Petition for Writ of Mandamus Denied and Memorandum Opinion filed 21, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00228-CV

IN RE KEBO CORPORATION, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On March 10, 2006, 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 the petition, relator asked this court to compel the Honorable Dan Beck, presiding judge of the 155th Judicial District Court of Waller County, to set aside his ruling denying relator=s motion to dismiss the real party=s action for damages under the Deceptive Trade Practices Act.

Relator has not established that he is entitled to mandamus relief.  Specifically, we have determined that there are disputed issues of fact which preclude mandamus review.  See West v. Solito, 563 S.W.2d 240, 245 (Tex. 1978).  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed March 21, 2006.

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