in Re United Parcel Services, Inc. and Byron Keith Bisor

• Court: Court of Appeals of Texas
• Decided: May 10, 2019
• Docket: 09-19-00146-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-19-00146-CV __________________

IN RE UNITED PARCEL SERVICES, INC. AND BYRON KEITH BISOR

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Original Proceeding 58th District Court of Jefferson County, Texas Trial Cause No. A-201,842 __________________________________________________________________

MEMORANDUM OPINION

In a mandamus petition, United Parcel Services, Inc. and Byron Keith Bisor,

Relators, contend the trial court abused its discretion by denying their request for a

jury trial and a brief continuance because they filed a timely request for a jury trial

but paid the fee late. See generally Tex. R. Civ. P. 216.

A writ of mandamus is an extraordinary remedy that will issue only to correct

a clear abuse of discretion for which the relator has no adequate remedy by appeal.

See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004) (orig.

1 proceeding); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992) (orig.

proceeding). After considering the petition and the accompanying record, and after

considering Relators’ motion for temporary relief and the response to the motion for

temporary relief filed by the real parties in interest, Allen Norris, Delores Norris,

and Fabian Williams, we conclude that Relators have not established that they are

entitled to mandamus relief. Accordingly, we deny the petition for a writ of

mandamus and the motion for temporary relief. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM

Submitted on May 10, 2019 Opinion Delivered May 10, 2019

Before Kreger, Horton and Johnson, JJ. Horton, J. dissents.