In Re WM Trucking & Excavating, Inc. v. the State of Texas

CourtCourt of Appeals of Texas
DecidedDecember 31, 2024
Docket01-24-00534-CV
StatusPublished

This text of In Re WM Trucking & Excavating, Inc. v. the State of Texas (In Re WM Trucking & Excavating, Inc. v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re WM Trucking & Excavating, Inc. v. the State of Texas, (Tex. Ct. App. 2024).

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00534-CV ——————————— IN RE WM TRUCKING & EXCAVATING, INC., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, WM Trucking & Excavating, Inc., has filed a petition for writ of

mandamus challenging an associate judge’s determination that the trial court lacks

plenary power to rule on relator’s motion to sever.1 Relator requests that our Court

1 The underlying case is WM Trucking & Excavating, Inc. v. Pueblo Excavation LLC, Manuel Pantoja, and The Cincinnati Insurance Company, cause number 23-DCV- 305905, pending in the 400th District Court of Fort Bend County, Texas. Respondent, the Honorable Tamecia Glover, is an associate judge of the court. “issue a conditional mandamus to the Trial Court to acknowledge its ongoing

plenary power over the Underlying Lawsuit.” We deny the petition.

PER CURIAM

Panel consists of Justices Goodman, Landau, and Countiss.

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In Re WM Trucking & Excavating, Inc. v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wm-trucking-excavating-inc-v-the-state-of-texas-texapp-2024.