In Re: Calvin D. Wells d/b/a/ Wells & Son Roofing Company--Appeal from Co Civil Ct at Law No 1 of Harris County

Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 14, 2007.

In The

Fourteenth Court of Appeals

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NO. 14-07-00653-CV

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IN RE CALVIN D. WELLS d/b/a WELLS & SON ROOFING COMPANY, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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

On August 8, 2007, relator filed a petition for writ of mandamus in this Court, requesting we direct the Honorable R. Jack Cagle, Judge of County Civil Court at Law No. 1 of Harris County, Texas, (1) to vacate his orders of July 12, 2007 and July 27, 2007 denying relator=s motion to dismiss the underlying lawsuit filed by real party Gary Roberts; (2) to enter an order granting the motion to dismiss; and (3) to render a final judgment dismissing all of real party=s claims against relator. Because relator failed to comply with the requirements of the Rules of Appellate Procedure, it has not established entitlement to the extraordinary relief sought. See Tex. R. App. P. 52.3 (j)(1)(A) and 52.7(a)(1). Accordingly, we deny relator=s petition for writ of mandamus.

PER CURIAM

Petition Denied and Memorandum Opinion filed August 14, 2007.

Panel consists of Justices Yates, Seymore and Guzman.