in Re Phyllis Morgan

Court of Appeals of Texas·Decided July 11, 2019·No. 14-19-00510-CV·Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 11, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00510-CV

IN RE PHYLLIS MORGAN, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 239th District Court Brazoria County, Texas Trial Court Cause No. 95704-CV

MEMORANDUM OPINION

On June 27, 2019, relator Phyllis Morgan filed a petition for writ of mandamus in this court. See Tex. Gov’t Code Ann. § 22.221 (Supp.); see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Patrick Sebesta, presiding judge of the 239th District Court of Brazoria County, to vacate his June 21, 2019 order for relator to produce her homeowner’s insurance policy within thirty days of the order.

Relator also has filed a motion for temporary relief, asking this court to stay this order pending a decision on his petition. See Tex. R. App. P. 52.10.

To obtain mandamus relief, a relator must show that the trial court clearly abused its discretion. 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 and motion for stay.

PER CURIAM

Panel consists of Justices Wise, Jewell, and Hassan.

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)
In re Garza
544 S.W.3d 836 (Texas Supreme Court, 2018)