in Re Sue Walston

In re Sue Walston

IN THE

TENTH COURT OF APPEALS

No. 10-02-037-CV

IN RE SUE WALSTON

Original Proceeding

                                                                                                                

MEMORANDUM OPINION

                                                                                                                

      Relator, Sue Walston, filed a petition for writ of mandamus raising two complaints. Both complaints can be addressed on direct appeal.

      Walston contends in her first complaint that Respondent should be ordered to rule on her pretrial motions. However, Respondent has not refused to rule on her motions. He has simply reserved ruling on the motions until the day of trial. If Walston feels she is prejudiced by the timing of these rulings, her remedy would be to move for a continuance of the trial now set for February 21, 2002. See Tex. R. Civ. P. 251.

      In her second complaint, Walston requests that we direct Respondent to grant her request for a jury trial. We have addressed this issue before and held it could be adequately addressed on direct appeal. See In re Walston, No. 10-00-007-CV (Tex. App.—Waco, February 3, 2000, orig. proceeding) (not designated for publication). Walston has presented nothing to dissuade us from our previous ruling.

      Without prejudice to Walston's rights to raise her complaints on direct appeal, her petition for a writ of mandamus is denied.

 

                                                                         PER CURIAM

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Writ denied

Opinion delivered and filed February 20, 2002

Do not publish

[CV06]

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  TOM GRAY

                                                          Chief Justice

 

Special Note delivered and filed October 19, 2005

Publish