in Re Russell Reichert, David Eymard and Robert Ostos

• Court: Court of Appeals of Texas
• Decided: September 22, 2008
• Docket: 14-08-00870-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied, and Stay Lifted, and Memorandum Opinion filed September 22, 2008

Petition for Writ of Mandamus Denied, and Stay Lifted, and Memorandum Opinion filed September 22, 2008.

In The

Fourteenth Court of Appeals

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NO. 14-08-00870 -CV

IN RE RUSSELL REICHERT, DAVID EYMARD, and ROBERT OSTOS, Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On September 19, 2008, relators Russell Reichert, David Eymard, and Robert Ostos filed a petition for writ of mandamus in this Court.  See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); Tex. R. App. P. 52.  Relators have asked that we order the respondent^[1] to vacate his September 19 order denying their motion for continuance.  On September 19, we stayed all underlying trial proceedings pending review and consideration of the mandamus petition, and ordered the real party in interest to respond no later than 8:00 a.m., Monday, September 22, 2008.

Having reviewed the petition and real party=s response, we conclude that relators have not demonstrated their entitlement to the extraordinary remedy of a writ of mandamus.  Accordingly, we lift our stay order of September 19, 2008.  We further deny the petition for writ of mandamus in cause no. 14-08-00870-CV, as well as any other requests for relief contained in that petition.

PER CURIAM

Petition Denied, and Stay Lifted, and Memorandum Opinion filed, September 22, 2008.

Panel consists of Chief Justice Hedges, and Justices Anderson and Boyce.

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            ^[1]           Respondent is the Honorable Levi Benton, presiding judge of the 215th District Court of Harris County, Texas.