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

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals

For The

First District of Texas

“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.

Footnotes

1. 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.