in Re Somaiah Kholaif

Motion for Reconsideration Dismissed as Moot; Opinion of July 18, 2019
Withdrawn; Petition for Writ of Mandamus Denied; Order filed October 10,
2019.
In The
Fourteenth Court of Appeals
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NO. 14-18-00950-CV
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IN RE SOMAIAH KHOLAIF, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
Probate Court No. 3
Harris County, Texas
Trial Court Cause No. 449677
ORDER
On October 30, 2018, relator Somaiah Kholaif filed a petition for writ of
mandamus in this court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
P. 52. In her petition, relator asked this court to compel the Honorable Rory R.
Olsen, former presiding judge of the Probate Court No. 3 of Harris County, to
vacate his order quashing her request for discovery.
With certain exceptions, to obtain mandamus relief a relator must show both
that the trial court clearly abused its discretion and that the relator has no adequate
remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex.
2004) (orig. proceeding). Relator has not shown that she is entitled to mandamus
relief.
On July 18, 2019, we issued an opinion denying relator’s petition for writ of
mandamus. Relator has filed a motion for en banc reconsideration.
We sua sponte withdraw this court’s July 18, 2019 opinion, issue this order
pursuant to Texas Rule of Appellate Procedure 52.8(d), deny the petition for a writ
of mandamus, and dismiss the motion for en banc reconsideration as moot without
prejudice to relator’s right to file a motion for rehearing or motion for en banc
reconsideration.
PER CURIAM
Panel Consists of Chief Justice Frost and Justices Bourliot and Spain.