in Re Margaret Williams and Margott Williams. Next Friend of Matthew Williams

• Court: Court of Appeals of Texas
• Decided: August 31, 2006
• Docket: 14-06-00186-CV
• Status: Published

Opinion

Relators= Motion for Rehearing Overruled; Petition for Writ of Mandamus Denied and Memorandum Opinion of April 27, 2006, Withdrawn and Substitute Opinion filed August 31, 2006

Relators= Motion for Rehearing Overruled; Petition for Writ of Mandamus Denied and Memorandum Opinion of April 27, 2006, Withdrawn and Substitute Opinion filed August 31, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00186-CV

IN RE MARGARET WILLIAMS AND MARGOTT WILLIAMS,

NEXT FRIEND OF MATTHEW WILLIAMS, Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

S U B S T I T U T E  M E M O R A N D U M   O P I N I O N

On March 7, 2006, relators 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, relators asked this court to compel the Honorable Ken Wise, presiding judge of the 152nd Judicial District Court of Harris County, to set aside his order lifting a lis pendens from a piece of property which is the subject of the underlying law suit in this case.

Relators have not established that they are entitled to mandamus relief because relators= petition is not verified: See  as required by  Tex. R. App. P. 52.3 (Vernon 2004) (AAll factual statements in the petition must be verified by affidavit made on personal knowledge by an affiant competent to testify to the matters stated.@).  We aAccordingly, we deny relators= petition for writ of mandamus and overrule relators= motion for rehearing.

PER CURIAM

Petition Denied and Substitute Memorandum Opinion filed August 31, 2006.

Panel consists of Justices Anderson, Edelman, and Frost.