in Re Marty, Inc.

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-20-00067-CV

IN RE MARTY, INC.

Original Mandamus Proceeding 1 PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice Irene Rios, Justice

Beth Watkins, Justice

Delivered and Filed: February 5, 2020 PETITION FOR WRIT OF MANDAMUS DENIED On January 30, 2020, relator filed a petition for writ of mandamus and a motion for stay of the underlying proceedings pending final resolution of the petition for writ of mandamus. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court concludes relator did not show it is entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). Relator’s motion for temporary relief is denied as moot.

PER CURIAM

1 This proceeding arises out of Cause No. 2017CI03051, styled Myron L. Evans v. Marty Inc., pending in the 73rd Judicial District Court, Bexar County, Texas, the Honorable John D. Gabriel, Jr. presiding.