Opinion issued October 3, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00684-CV ——————————— IN RE ROBERT C. FORAN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Robert C. Foran, has filed a petition for writ of mandamus challenging the trial court’s denial of Foran’s no-evidence motion for summary judgment.1 We deny the petition.

PER CURIAM Panel consists of Justices Goodman, Rivas-Molloy, and Guerra.

The underlying case is Preferred Ready-Mix, LLC v. Texcon Ready Mix, Inc., cause number 2020-77612, pending in the 157th District Court of Harris County, Texas, the Honorable Tanya Garrison presiding.