in Re Marty, Inc. ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00067-CV
IN RE MARTY, INC.
Original Mandamus Proceeding 1
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: February 5, 2020
PETITION FOR WRIT OF MANDAMUS DENIED
On January 30, 2020, relator 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.
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 relator did not show it is entitled
to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP.
P. 52.8(a). Relator’s motion for temporary relief is denied as moot.
PER CURIAM
1
This proceeding arises out of Cause No. 2017CI03051, styled Myron L. Evans v. Marty Inc., pending in the 73rd
Judicial District Court, Bexar County, Texas, the Honorable John D. Gabriel, Jr. presiding.