in Re Steve Wu ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-434 CV ____________________

IN RE STEVE WU

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Original Proceeding

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MEMORANDUM OPINION  

After the trial court cancelled a notice of lis pendens, Steve Wu filed a petition for writ of mandamus and emergency motion for stay of lower court proceedings. Wu contends his notice of lis pendens is valid because he seeks specific performance of a residential sales contract on the real property described in the notice. See Tex. Prop. Code Ann. § 12.007 (Vernon 2004). The real party in interest, McVaugh Custom Homes, moved to cancel the notice of lis pendens because Wu's pleadings affirmatively stated that Wu had repudiated the contract. See In re Collins, 172 S.W.3d 287, 294-95 (Tex. App.--Fort Worth 2005, orig. proceeding). Wu's response stated that the parties were engaged in negotiations and that Wu desired to purchase the property on "favorable terms." The petition and mandamus record brought forward by the relator in this case fail to establish an abuse of discretion by the trial court. Accordingly, we deny the petition for writ of mandamus and the relator's request for emergency stay of trial court proceedings.

PETITION DENIED.

PER CURIAM

Opinion Delivered October 16, 2008

Before Gaultney, Kreger, and Horton, JJ.