in Re: Newton B. Schwartz ( 2005 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 12, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 12, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00434-CV

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IN RE NEWTON B. SCHWARTZ, SR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

On May 4, 2005, relator 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.  Relator complains of the trial court=s failure to rule on objections to evidence supporting the motion for partial summary judgment of real party in interest, and the trial court=s denial of severance.  Relator also complains of several issues already raised in appellant=s pending appeal.

Because we find relator has an adequate remedy by appeal, relator is not entitled to mandamus relief.  Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed May 12, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.