In Re Robert Bittinger--Appeal from Co Civil Ct at Law No 1 of Harris County

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Petition for Writ of Mandamus Denied and Memorandum Opinion filed August 23, 2010. In The Fourteenth Court of Appeals NO. 14-10-00697-CV IN RE ROBERT BITTINGER, Relator ORIGINAL PROCEEDING WRIT OF MANDAMUS MEMORANDUM OPINION On July 27, 2010, relator, Robert Bittinger, 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. In the petition, relator asks this Court to review the supersedeas bond set by the trial court. Rule 24.4 of the Texas Rules of Appellate Procedure provides: A party may seek review of the trial court s ruling by motion filed in the court of appeals with jurisdiction or potential jurisdiction over the appeal from the judgment in the case. A party may seek review of the court of appeals ruling on the motion by petition of review in the Supreme Court. Tex. R. App. P. 24.4(a). Relator s appeal has been assigned to this court and is pending in No. 14-1000698-CV. Relator s remedy is to file a motion in the pending appeal pursuant Rule 24.4(a). Relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator s petition for writ of mandamus. PER CURIAM Panel consists of Justices Brown, Sullivan, and Christopher. 2

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