in Re Kenneth Cooper McAfee

Petition for Writ of Mandamus Denied and Memorandum Opinion filed October 31, 2011.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-00949-CV ____________

IN RE KENNETH COOPER MCAFEE, Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

Probate Court No. 1

Harris County, Texas

Trial Court Cause No. 396,935-401

MEMORANDUM OPINION

On October 28, 2011, relator 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. Relator complains that respondent, the Honorable Loyd Wright, presiding judge of Probate Court No. 1, abused his discretion by granting a motion to compel discovery. Relator requests we direct the trial court to vacate his order of October 6, 2011. Relator also filed an emergency motion seeking a stay of the trial court proceedings pending our determination of the petition.

Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator’s petition for writ of mandamus and motion for emergency stay.

PER CURIAM

Panel consists of Justices Brown, Boyce, and McCally.