IN RE: JOE WILLIAMSON CONSTRUCTION CO.--Appeal from 139th District Court of Hidalgo County

NUMBER 13-07-599-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

IN RE: JOE WILLIAMSON CONSTRUCTION CO.

 

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

 
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Benavides
Memorandum Opinion Per Curiam

On October 3, 2007, relator, Joe Williamson Construction Co., filed a petition for writ of mandamus with this Court in which it alleges that on September 10, 2007, respondent, the Honorable J.R. "Bobby" Flores, Presiding Judge of the 139th Judicial District Court of Hidalgo County, Texas, abused his discretion by failing to recognize that the 139th Judicial District Court lacks dominant jurisdiction over three separate causes filed in the 103rd and 269th Judicial District Courts in Cameron County, Texas, and the 357th Judicial District Court in Harris County, Texas, and thus denying relator's motion to abate cause number C-119-07-C filed in the 139th Judicial District Court in Hidalgo County, Texas. Relator's petition for writ of mandamus asks this Court to order the respondent to abate cause number C-119-07-C, pending the outcome of the three separate causes filed in the 103rd and 269th Judicial District Courts in Cameron County, Texas, and the 357th Judicial District Court in Harris County, Texas, and to any other such further relief to which relator is entitled. In addition, relator filed a motion for emergency relief, asking this Court to order a stay of all proceedings in cause number C-1199-07-C, pending this Court's determination of relator's petition for writ of mandamus.

The Court, having examined and fully considered the petition for writ of mandamus and the response filed by the real party in interest, Donna Independent School District, is of the opinion that relator has not shown itself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8. Accordingly, the stay previously granted, is hereby ordered LIFTED. The petition for writ of mandamus is DENIED.

PER CURIAM

 

Memorandum Opinion delivered and

filed this the 23rd day of October, 2007.