in Re Stevens Tanker Division, LLC, and Richard R. Smith

Court of Appeals of Texas·Decided March 3, 2021·No. 04-21-00047-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00047-CV

IN RE STEVENS TANKER DIVISION, LLC, and Richard R. Smith, Relators

Original Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Liza A. Rodriguez, Justice

Delivered and Filed: March 3, 2021

PETITION FOR WRIT OF MANDAMUS DENIED

Relators have filed a petition for writ of mandamus and motion for temporary relief. We

have the power to issue writs of mandamus when “agreeable to the principles of law regulating

those writs.” TEX. GOV’T CODE § 22.221(b). For mandamus, a relator has the burden to file a

petition and record showing “the trial court abused its discretion and that no adequate appellate

remedy exists.” In re H.E.B. Grocery Co., L.P., 492 S.W.3d 300, 302 (Tex. 2016) (orig.

proceeding) (per curiam). Having reviewed the petition and documents included in the appendix,

we conclude relators have not satisfied their burden. Accordingly, we deny the petition and motion

for temporary relief. See TEX. R. APP. P. 52.8(a). 2

1 This proceeding arises out of Cause No. 2018CI15600, styled Cravey v. Stevens Tanker Division, LLC, pending in the 37th Judicial District Court, Bexar County, Texas, the Honorable Nicole Garza presiding. 2 This court previously denied the petition and motion by an administrative order on February 12, 2021.

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Related

In re H.E.B. Grocery Co.
492 S.W.3d 300 (Texas Supreme Court, 2016)