NUMBER 13-04-442-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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IN RE: HONEYWELL INTERNATIONAL, INC., Relator.
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On Petition for Writ of Mandamus
and Emergency Motion for Stay of Trial Setting
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MEMORANDUM OPINION
Before Justices Hinojosa, Garza and Wittig
Opinion Per Curiam
Relator filed a petition for writ of mandamus in the above cause on August 30, 2004, requesting a writ directing Respondent, the Honorable Benjamin Euresti, Jr., Presiding Judge of the 107th District Court of Cameron County, to deny leave to real party in interest, San Benito Consolidated Independent School District, to file its fifth amended original petition and to strike such amended petition, or, in the alternative, to grant relator’s motion to join responsible third parties and relator’s motion for a continuance. Relator also filed an emergency motion for stay of trial setting. Real party filed a response to the motion and a response to the petition for writ of mandamus. The Court, having examined and fully considered the petition for writ of mandamus, the emergency motion, and the responses, is of the opinion that said petition and emergency motion should be denied. Accordingly, we DENY relator’s petition for writ of mandamus and emergency motion for stay of trial setting.
PER CURIAM
Memorandum opinion delivered and filed
this the 30th day of August, 2004.