In re Astermit, Inc. d/b/a Quality Lube Center--Appeal from 80th District Court of Harris County

Opinion issued July 20, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01-06-00564-CV

IN RE ASTERMIT, INC. D/B/A QUALITY LUBE CENTER, Relator

Original Proceeding on Petition for Writ of Injunction

MEMORANDUM OPINION

Relator, Astermit, Inc. d/b/a Quality Lube Center, has filed a petition for writ of injunction asking this Court to restrain real parties in interest, SW Parkway Management, Inc., and Ho & Huang L.P. (collectively referred to as Parkway ), from evicting Astermit or prosecuting any post-judgment action pending this Court s disposition of Astermit s appeal from the judgment below or December 31, 2007, whichever comes first.

In the underlying suit, Astermit was a tenant in a retail shopping center owned or managed by Parkway. // On June 11, 2006, the trial court rendered a judgment declaring that the Shopping Center Lease Agreement and amendments had terminated, and that Astermit was a holdover tenant. Subsequently, Parkway locked Astermit out of the premises.

Astermit s appeal of the trial court s judgment is currently pending before this Court. This Court has denied Astermit s motion for emergency stay of enforcement of the judgment pending the outcome of this petition for writ of injunction.

We deny the petition for writ of injunction.

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Higley.