in Re Hassan Meguid ( 2010 )

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 29, 2010.

In The

Fourteenth Court of Appeals

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NO. 14-10-01042-CV

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IN RE HASSAN MEGUID, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M   O P I N I O N

            On, October 26, 2010, relator Hassan Meguid filed a petition for writ of mandamus in this court.  See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52.  Relator also filed a request for emergency temporary relief, which was denied on October 28, 2010.  In his petition, relator complains that the respondent, the Honorable Georgia Akers, the associate judge for Harris County Probate Court No. 3, abused her discretion by refusing to withdraw admissions that had been deemed in October of 2009.  A motion to withdraw the admissions was filed December 9, 2009, but no ruling was obtained.  Relator filed a motion for reconsideration of the deemed admissions and to enlarge the time to respond shortly before a pre-trial hearing on June 28, 2010.  Respondent denied relator’s motion on June 28, 2010, and it is from this order that relator seeks relief.

            We deny relator’s petition for writ of mandamus based on the doctrine of laches.  See Rivercenter Assocs. v. Rivera, 858 S.W.2d 366, 367 (Tex. 1993) (denying mandamus relief because laches barred challenge to jury demand filed after four-month delay). 

                                                                        PER CURIAM

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