in Re Auburn Creek Limited Partnership, the Lynd Company, Lynd Family Limited Partnership, and Forty Four Eleven, LLC

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00389-CV

IN RE AUBURN CREEK LIMITED PARTERNSHIP, The Lynd Company, Lynd Family Limited Partnership, and Forty Four Eleven, LLC, Relator(s) Original Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Irene Rios, Justice

Beth Watkins, Justice

Delivered and Filed: October 6, 2021

PETITION FOR WRIT OF MANDAMUS DENIED

On September 15, 2021, relators filed a petition for writ of mandamus and a motion for stay of the underlying proceedings pending final resolution of the petition for writ of mandamus. The real parties in interest filed a response to which relators replied. Mandamus is an extraordinary remedy, available only when the relator can show (1) the trial court clearly abused its discretion or violated a duty imposed by law; and (2) there is no adequate remedy by way of appeal. Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex. 1992) (orig. proceeding). After considering the petition and the record, this court concludes relators did not show they are entitled to the relief sought.

Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). Relators’ motion for temporary relief is denied as moot.

PER CURIAM