in Re: Progressive Waste Solutions of TX, Inc. IESI Corporation and Howard Lee Franklin, Jr.

Opinion

DENY; and Opinion Filed September 19, 2013.

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-01249-CV

IN RE PROGRESSIVE WASTE SOLUTIONS OF TX, INC.; IESI CORPORATION AND HOWARD LEE FRANKLIN, JR., Relators

On Appeal from the County Court at Law No. 4 Dallas County, Texas

Trial Court Cause No. CC-11-05442-D

MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lewis Opinion by Justice Lewis

Relators contend the trial judge erred in granting a motion for new trial. The facts and

issues are well known to the parties, so we need not recount them herein. Based on the record

before us, we conclude relators have not shown they are entitled to the relief requested. See

TEX. R. APP. P. 52.8(a); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig.

proceeding). Accordingly, we DENY relators’ petition for writ of mandamus.

/David Lewis/ DAVID LEWIS JUSTICE

131249F.P05