in Re Lea Bernsen Brown, Leon Garrick Bernsen, Lynn Bernsen Allison, Douglas Allison, Individually and D/B/A the Law Office of Douglas A. Allison

• Court: Court of Appeals of Texas
• Decided: April 9, 2019
• Docket: 14-19-00130-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 9, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00130-CV

IN RE LEA BERNSEN BROWN, LEON GARRICK BERNSEN, LYNN BERNSEN ALLISON, DOUGLAS ALLISON, INDIVIDUALLY AND D/B/A THE LAW OFFICE OF DOUGLAS A. ALLISON, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 281st District Court Harris County, Texas Trial Court Cause No. 2017-39795

MEMORANDUM OPINION

On February 13, 2019, relators Lea Bernsen Brown, Leon Garrick Bernsen, Lynn Bernsen Allison, Douglas Allison, Individually and d/b/a The Law Office of Douglas A. Allison filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Christine Weems, presiding judge of the 281st District Court of Harris County, to (1) vacate her February 5, 2019 order denying relators’ plea in abatement and motion to abate, and (2) enter an order granting relators’ motion to abate.

Generally, to obtain mandamus relief, a relator must show both that the trial court clearly abused its discretion and that the relator has no adequate remedy at law, such as an appeal. In re Prudential Ins. Co., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding); In re Garza, 544 S.W.3d 836, 840 (Tex. 2018) (orig. proceeding) (per curiam).

Relator has not shown that the trial court clearly abused its discretion. We therefore deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Justices Christopher, Hassan, and Poissant.