In Re: Newton B. Schwartz--Appeal from 311th District Court of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed May 12, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00434-CV

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IN RE NEWTON B. SCHWARTZ, SR., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

M E M O R A N D U M O P I N I O N

On May 4, 2005, relator filed a petition for writ of mandamus in this court. See Tex. Gov=t. Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relator complains of the trial court=s failure to rule on objections to evidence supporting the motion for partial summary judgment of real party in interest, and the trial court=s denial of severance. Relator also complains of several issues already raised in appellant=s pending appeal.

Because we find relator has an adequate remedy by appeal, relator is not entitled to mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed May 12, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.