Court of Civil Appeals of Texas, 2024

In Re WM Trucking & Excavating, Inc. v. the State of Texas

In Re WM Trucking & Excavating, Inc. v. the State of Texas
Court of Civil Appeals of Texas · Decided December 31, 2024

In Re WM Trucking & Excavating, Inc. v. the State of Texas

Opinion

Opinion issued December 31, 2024

In The Court of Appeals For The First District of Texas ———————————— NO. 01-24-00534-CV ——————————— IN RE WM TRUCKING & EXCAVATING, INC., Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, WM Trucking & Excavating, Inc., has filed a petition for writ of mandamus challenging an associate judge’s determination that the trial court lacks plenary power to rule on relator’s motion to sever.1 Relator requests that our Court

The underlying case is WM Trucking & Excavating, Inc. v. Pueblo Excavation LLC, Manuel Pantoja, and The Cincinnati Insurance Company, cause number 23-DCV- 305905, pending in the 400th District Court of Fort Bend County, Texas.

Respondent, the Honorable Tamecia Glover, is an associate judge of the court. “issue a conditional mandamus to the Trial Court to acknowledge its ongoing plenary power over the Underlying Lawsuit.” We deny the petition.

PER CURIAM Panel consists of Justices Goodman, Landau, and Countiss.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.