in Re Theron Belton

• Court: Court of Appeals of Texas
• Decided: October 4, 2006
• Docket: 10-06-00293-CV
• Status: Published

Opinion

IN THE

TENTH COURT OF APPEALS

 

No. 10-06-00293-CV

In re Theron Belton

Original Proceeding

MEMORANDUM  Opinion

          Theron Belton seeks a writ of mandamus compelling Respondent, the Honorable Kenneth H. Keeling, Judge of the 278th District Court of Walker County, to (1) vacate an order denying Belton leave to file an amended petition and (2) grant Belton’s motion for leave to file the amended petition.  However, Belton has an adequate remedy by appeal.  See, e.g., Greenhalgh v. Serv. Lloyds Ins. Co., 787 S.W.2d 938, 939-40 (Tex. 1990); Weidner v. Sanchez, 14 S.W.3d 353, 376-77 (Tex. App.—Houston [14th Dist.] 2000, no pet.); Tiller v. Martinez, 974 S.W.2d 769, 772-73 (Tex. App.—San Antonio 1998, pet. dism’d w.o.j.).  Accordingly, the petition is denied.  See In re Kan. City S. Indus., Inc., 139 S.W.3d 669, 670 (Tex. 2004) (orig. proceeding); In re Toyota Motor Corp., 191 S.W.3d 498, 504 (Tex. App.—Waco 2006, orig. proceeding [mand. denied]).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petition denied

Opinion delivered and filed October 4, 2006

[OT06]

TENTH COURT OF APPEALS

No. 10-05-00132-CV

In re Sarah Jane Forman and Rhonda Wells

Original Proceeding

MEMORANDUM  Opinion

We received notice of the settlement of the suit underlying the above referenced matter.  On April 29, 2005, we notified the Real Party in Interest and the Relators that the petition for writ of mandamus might be dismissed as moot unless, within fourteen days after the date of the notice, grounds were shown for continuing the proceeding.  No response has been received.  Thus, we dismiss the petition for writ of mandamus as moot.

BILL VANCE

Justice

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Writ dismissed

Opinion delivered and filed May 25, 2005