in Re Mike Stetson and Mary Ann L. Amaya

00-00034 In re Stetson and Amaya.wpd

No. 04-00-00034-CV

In re Mike STETSON and Ann L. Amaya

Original Mandamus Proceeding

Arising from the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 99-CI-00065

Honorable David Peeples, Judge Presiding

PER CURIAM

Sitting: Alma L. López, Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: February 9, 2000

PETITION FOR WRIT OF MANDAMUS DENIED

The court has considered the relators' petition for writ of mandamus and is of the opinion that relief should be denied because the denial of a jury trial can be remedied by appeal. See Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (emphasizing the no-adequate-remedy-by-appeal requirement in mandamus review); General Motors Corp. v. Gayle, 924 S.W.2d 222, 226 (Tex. App.--Houston [14th Dist.] 1996) (denying mandamus relief because denial of jury trial could be appealed). Accordingly, relators' petition for writ of mandamus and request for temporary relief are denied. Relators shall pay all costs incurred in this proceeding.

PER CURIAM

DO NOT PUBLISH