in Re Wilma Reynolds

Court of Appeals of Texas·Decided April 26, 2012·No. 14-12-00379-CV·Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed April 26, 2012.

In The

Fourteenth Court of Appeals

NO. 14-12-00379-CV

IN RE WILMA REYNOLDS, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS

300th District Court Brazoria County, Texas Trial Court Cause No. 48170

MEMORANDUM OPINION

On April 24, 2012, relator Wilma Reynolds filed a petition for writ of mandamus in this court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. Relator seeks to have this court compel the respondent, the Honorable Daniel R. Sklar, a visiting judge assigned to the 300th District Court of Brazoria County, to set aside his April 23, 2012 orders denying relator’s motions for enforcement of discovery requests and to require the appearance of a witness, Mark Hansen, at a pre-trial hearing and/or trial. Relator also asks that we direct the respondent to enforce Rule 11 agreements signed November 9, 2011.

Mandamus is an extraordinary remedy that will issue only if (1) the trial court clearly abused its discretion and (2) the party requesting mandamus relief has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004). We determine the adequacy of an appellate remedy by balancing the benefits of mandamus review against its detriments. Id. at 136.

Relator has not established that she is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Seymore and Brown.

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Related

In Re Prudential Insurance Co. of America
148 S.W.3d 124 (Texas Supreme Court, 2004)