in Re Robert Bittinger

• Court: Court of Appeals of Texas
• Decided: August 23, 2010
• Docket: 14-10-00697-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 23, 2010.

In The

Fourteenth Court of Appeals

NO. 14-10-00697-CV

In Re ROBERT BITTINGER, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

MEMORANDUM  OPINION

On July 27, 2010, relator, Robert Bittinger, 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 asks this Court to review the supersedeas bond set by the trial court. 

            Rule 24.4 of the Texas Rules of Appellate Procedure provides:

“A party may seek review of the trial court’s ruling by motion filed in the court of appeals with jurisdiction or potential jurisdiction over the appeal from the judgment in the case.  A party may seek review of the court of appeals’ ruling on the motion by petition of review in the Supreme Court.” 

Tex. R. App. P. 24.4(a). 

Relator’s appeal has been assigned to this court and is pending in No. 14-10-00698-CV.  Relator’s remedy is to file a motion in the pending appeal pursuant Rule 24.4(a).  

Relator has not established his entitlement to the extraordinary relief of a writ of mandamus.  Accordingly, we deny relator’s petition for writ of mandamus.

                                                                                    PER CURIAM

Panel consists of Justices Brown, Sullivan, and Christopher.