In re Preston Marshall and Rusk Capital Management, L.L.C. Appeal from 11th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued December 13, 2022 In The Court of Appeals For The First District of Texas ———————————— NO. 01-22-00513-CV ——————————— IN RE PRESTON MARSHALL AND RUSK CAPITAL MANAGEMENT, L.L.C., Relators Original Proceeding on Petition for Writ of Mandamus MEMORANDUM OPINION Relators, Preston Marshall and Rusk Capital Management, L.L.C., have filed a petition for writ of mandamus seeking to challenge the trial court’s June 29, 2022 “Order Regarding Motion to Set Supersedeas Bond.”1 1 The underlying case is Preston Marshall, Individually, and Rusk Capital Management, L.L.C. v. MarOpCo, Inc., Cause No. 2015-35950, in the 11th District Court of Harris County, Texas, the Honorable Kristen Brauchle Hawkins presiding. We deny relators’ petition for writ of mandamus.2 All pending motions are dismissed as moot. PER CURIAM Panel consists of Chief Justice Radack and Justices Countiss and Rivas-Molloy. 2 Relators have filed a direct appeal from the trial court’s final judgment, which is pending in this Court in appellate cause number 01-22-00573-CV. Nothing in this memorandum opinion prevents relators from filing a motion pursuant to Texas Rule of Appellate Procedure 24.4 in their pending direct appeal should they deem it appropriate to do so. See TEX. R. APP. P. 24.4(a) (“A party may seek review of the trial court’s ruling by motion filed in the court of appeals with jurisdiction . . . over the appeal from the judgment in the case.”). 2
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