In re Satterfield & Pontikes Construction, Inc.--Appeal from 229th Judicial District Court of Duval County

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i i i i i i MEMORANDUM OPINION No. 04-08-00343-CV IN RE SATTERFIELD & PONTIKES CONSTRUCTION, INC. Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Sandee Bryan Marion, Justice Rebecca Simmons, Justice Delivered and Filed: August 13, 2008 PETITION FOR WRIT OF MANDAMUS DENIED In this original mandamus proceeding, relator Satterfield and Pontikes ( Satterfield ) complains of three pretrial orders signed by the Honorable Alex W. Gabert, presiding judge of the 229th Judicial District Court, Duval County, Texas: (1) an order denying a motion to consolidate; (2) an order severing third-party claims; and (3) and an order denying a motion for continuance. To be entitled to mandamus relief, a relator must show the trial court clearly abused its discretion and the relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). We conclude Satterfield has not satisfied these requirements. Accordingly, the petition for a writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). PER CURIAM 1 This proceeding arises out of Cause No. DC-06-74, styled San Diego Independent School District v. Satterfield & Pontikes Construction, Inc., pending in the 229th Judicial District Court, Duval County, Texas, the Honorable Alex W. Gabert presiding.

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