Court of Civil Appeals of Texas, 2008

Ruth Prestwood, Kate Wilson, Both Individually and on Behalf of the Estate of Clyde L. Prestwood v. Stephen Settle, M.D.

Ruth Prestwood, Kate Wilson, Both Individually and on Behalf of the Estate of Clyde L. Prestwood v. Stephen Settle, M.D.
Court of Civil Appeals of Texas · Decided February 27, 2008

Ruth Prestwood, Kate Wilson, Both Individually and on Behalf of the Estate of Clyde L. Prestwood v. Stephen Settle, M.D.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00014-CV NO. 03-08-00090-CV

In re Walter Lee Hall, Jr.

ORIGINAL PROCEEDINGS FROM TRAVIS COUNTY

MEMORANDUM OPINION

On January 8, 2008, relator Walter Lee Hall filed a motion for emergency relief and petition for writ of mandamus, complaining of the trial court’s refusal to hear his motion to quash a writ of possession. See Tex. R. App. P. 52.8, 52.10. On January 9, we granted temporary relief and stayed the writ of possession pending a determination of the merits of Hall’s petition.

On February 13, 2008, Hall filed a second petition for writ of mandamus, complaining that the real party in interest and the Travis County Constable were not abiding by our temporary order.

Having reviewed the documents filed by the parties, we dissolve our temporary order in cause number 03-08-00014-CV, dated January 9, 2008, and deny both of Hall’s petitions for writ of mandamus.

__________________________________________ David Puryear, Justice Before Chief Justice Law, Justices Puryear and Henson Filed: February 27, 2008

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