Opinion issued September 18, 2014.

In The Court of Appeals For The First District of Texas ———————————— NO. 01-14-00209-CV ——————————— IN RE MARSHALL SPEARS, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Marshall Spears, has filed a petition for a writ of mandamus, contending that the trial court abused its discretion in granting the motion for new trial of real party in interest, Randall Johnson, Individually and d/b/a CA Partners.1

The underlying case is Marshall Spears v. Randall Johnson, Individually and d/b/a CA Partners, Nathan Randall Johnson, and JDC First Recovery, LLC, Cause No. 12CV0026, in the 212th District Court of Galveston County, Texas, the Honorable Bret Griffin presiding. However, the Honorable David Garner signed the complained-of order.

We deny the petition. We also deny Spears’s motion to transfer.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Jennings and Keyes.