in Re: Astec Underground, Inc. ( 2011 )

NUMBER 13-11-00065-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE ASTEC UNDERGROUND, INC.
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Perkes
Per Curiam Memorandum Opinion1
Relator, Astec Underground, Inc., filed a petition for writ of mandamus and
emergency motion to stay proceedings in the above cause on February 2, 2011,
seeking to compel the trial court to withdraw its order of January 31, 2011, as well as its
ruling of February 1, 2011, permitting the de-designation of an expert witness.
The Court, having examined and fully considered the petition for writ of
mandamus, is of the opinion that relator has not shown itself entitled to the relief sought.
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See TEX. R. APP. P. 52.8(d) (“When denying relief, the court may hand down an opinion but is not required
to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).
See Tom L. Scott, Inc. v. McIlhany, 798 S.W.2d 556, 558 (Tex. 1990); In re State Farm
Mut. Auto. Ins. Co., 100 S.W.3d 338, 340 (Tex. App.–San Antonio 2002, orig.
proceeding); Lopez v. Martin, 10 S.W.3d 790, 794 (Tex. App.–Corpus Christi 2000, pet.
denied); In re Doctors' Hosp., 2 S.W.3d 504, 506 (Tex. App.–San Antonio 1999, orig.
proceeding); Castellanos v. Littlejohn, 945 S.W.2d 236, 241 (Tex. App.–San Antonio
1997, orig. proceeding). Accordingly, the petition for writ of mandamus and emergency
motion to stay proceedings are DENIED. See TEX. R. APP. P. 52.8(a).
PER CURIAM
Delivered and filed the
3rd day of February, 2011.
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