in Re: Phillip Lightfoot

• Court: Court of Appeals of Texas
• Decided: March 23, 2006
• Docket: 14-06-00172-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 23, 2006

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 23, 2006.

In The

Fourteenth Court of Appeals

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NO. 14-06-00172-CV

IN RE PHILLIP LIGHTFOOT, Relator

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ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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M E M O R A N D U M   O P I N I O N

On March 3, 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 Mark Davidson, presiding judge of the 11th Judicial District Court of Harris County, to set aside his ruling severing the issue of statute of limitations, specifically, the issue of whether relator used due diligence in serving process on the real party in interest pursuant to chapter 21.254 of the labor code, from the remaining issues in his discrimination lawsuit.

Relator has not established that he is entitled to mandamus relief because he has an adequate remedy at law in the form of an appeal should he not prevail on the limitations issue.  See In Re AIU Insurance Company, 148 S.W.3d 109, 119 (Tex. 2004); see also Roberts v. Padre Island Brewing Co., Inc. (Tex. App.CCorpus Christi 2000, pet. ref=d).  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed March 23, 2006.

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