in Re Howard Kerry Garner

Fourth Court of Appeals

San Antonio, Texas

July 29, 2016

No. 04-16-00469-CV

IN RE Howard Kerry GARNER

Original Mandamus Proceeding1

ORDER

Sitting: Karen Angelini, Justice

Rebeca C. Martinez, Justice, Dissenting

Luz Elena D. Chapa, Justice

On July 27, 2016, relator Howard Kerry Garner filed a petition for writ of mandamus and a motion for temporary relief seeking to stay the trial court proceedings in the underlying suit pending a ruling on the mandamus petition. Real Parties in Interest filed a response, and Relator filed a reply. The court has considered the petition for writ of mandamus, the response and the reply, and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus and the motion for temporary relief are DENIED. See TEX. R. APP. P. 52.8(a). The court’s opinion and the dissenting opinion will issue at a later date.

It is so ORDERED on July 29, 2016.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 29th day of July, 2016.

___________________________________ Keith E. Hottle, Clerk