in Re Gregory R. Mattox and Barbara Wilkerson ( 2010 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed December 9, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-01134-CV

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IN RE GREGORY R. MATTOX AND BARBARA WILKERSON, Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

            On November 19, 2010, relators filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52.  In their petition relators complain that respondent, the Honorable Albert M. McCaig, Jr., presiding judge of the 506th District Court of Grimes County, failed to properly determine what was required by this Court’s mandate and erred in denying their motion to clarify issues to be addressed by this court’s mandate.[1] The petition complains of a letter from the trial court allowing additional time to either amend or supplement currently pending motions for summary judgment.

Relators have not established they are entitled to mandamus relief.  Accordingly, we deny the petition for writ of mandamus.

                                                                        PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Frost.

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[1] See Mattox v. Grimes County Commissioners Court, 305 S.W.3d 375 (Tex. App. – Houston [14th Dist.] 2010, pet.denied) .