In re Rose

Court of Appeals of Texas, Fourteenth District, HoustonFeb 20, 2007
No. 14-07-00062-CV (Tex. App. Feb. 20, 2007)

No. 14-07-00062-CV

Opinion filed February 20, 2007.

Original Proceeding. Petition for Writ of Mandamus Denied.

Panel consists of Justices YATES, ANDERSON, and HUDSON.


MEMORANDUM OPINION


PER CURIAM.

On February 6, 2007, relators, David Rose and Dana Rose, filed a petition for writ of mandamus in this court, requesting we compel the Honorable Reece Rondon, presiding judge of the 234th District Court, Harris County, Texas, to vacate rulings on real party-in-interest's motion for partial summary judgment, relators' motion to continue real party's motion for partial summary judgment, and order respondent to hear the motion for partial summary judgment after the start of trial in the underlying case. See Tex. Gov't Code Ann. § 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.

discretion for which they have no adequate remedy by appeal. See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005). Accordingly, we deny relators' petition for writ of mandamus.