in Re Howard Kerry Garner ( 2016 )

Fourth Court of Appeals San Antonio, Texas July 29, 2016 No. 04-16-00469-CV IN RE Howard Kerry GARNER Original Mandamus Proceeding1 ORDER Sitting: Karen Angelini, Justice Rebeca C. Martinez, Justice, Dissenting Luz Elena D. Chapa, Justice On July 27, 2016, relator Howard Kerry Garner filed a petition for writ of mandamus and a motion for temporary relief seeking to stay the trial court proceedings in the underlying suit pending a ruling on the mandamus petition. Real Parties in Interest filed a response, and Relator filed a reply. The court has considered the petition for writ of mandamus, the response and the reply, and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus and the motion for temporary relief are DENIED. See TEX. R. APP. P. 52.8(a). The court’s opinion and the dissenting opinion will issue at a later date. It is so ORDERED on July 29, 2016. _________________________________ Karen Angelini, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of July, 2016. ___________________________________ Keith E. Hottle, Clerk 1 This proceeding arises out of Cause No. 13-03-11919-DCVAJA, styled Mike Weeks, Linda Weeks, and Weeks Environmental, LLC v. Howard Kerry Garner, pending in the 365th Judicial District Court, Dimmit County, Texas, the Honorable Amado J. Abascal, III presiding.