Opinion
No. 14-08-00040-CV
Opinion filed January 31, 2008.
Original Proceeding Writ of Mandamus.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and BOYCE.
MEMORANDUM OPINION
On January 22, 2008, relator, Christopher J. McCloskey, filed a petition for writ of mandamus, writ of prohibition, and writ of injunction. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004). Relator asks this Court to order the Honorable Robert J. Kern, Judge of the 387th District Court, Fort Bend County, Texas, to vacate all orders related to the garnishment suit filed by real party in interest, Anne Miriam McClosky. Relator also requests that real party in interest be enjoined from prosecuting such garnishment action pending the appeal in this Court in cause number 14-06-00470-CV.
Relator's petition is not in compliance with the Texas Rules of Appellate Procedure. See Tex. R. App. P. 52.3; 52.3(j)(1)(A); and 52.7. Because relator has not established his entitlement to the extraordinary relief of a writ of mandamus, writ of prohibition, or writ of injunction, relator's petition is DENIED.
Relator also filed, concurrently with his petition, an emergency motion to stay enforcement of the judgment. Because relator is not entitled to relief pursuant to his petition of mandamus, he is not entitled to an emergency stay of enforcement of the judgment. Therefore relator's emergency motion to enforce the judgment is DENIED.