Petition for Writ of Mandamus Denied and Memorandum Opinion filed July 26, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-07-00540 -CV
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IN RE LEE S. MARTIN, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On July 10, 2007, relator Lee S. Martin filed an amended petition for writ of mandamus in this court. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the amended petition, relator asks this court to compel the Honorable Mike Wood, presiding judge of Probate Court #2 of Harris County, Texas (1) to withdraw his June 28, 2007 order requiring relator to vacate certain real property and (2) to enter an order setting aside said property for relator=s use and benefit under Section 271 of the Texas Probate Code. Tex. Prob. Code Ann. ' 271 (Vernon 1993).
After having considered the petition and the response of real party in interest Karen Duke, Administrator With Will Annexed of the Estate of Ethel Constance Bodman Martin, we conclude that relator has not established his entitlement to the extraordinary relief of a writ of mandamus. Accordingly, we deny relator=s amended petition for writ of mandamus and lift our July 11, 2007 order staying Respondent=s June 28, 2007 order (entered in Case No. 337,132, styled In re: Estate of Ethel Constance Bodman Martin, Deceased in Probate Court Number Two of Harris County, Texas compelling relator and his wife to vacate the premises of 5706 Beechnut Drive, Houston, Texas 77074).
PER CURIAM
Petition Denied and Memorandum Opinion filed July 26, 2007.
Panel consists of Chief Justice Hedges and Justices Hudson and Guzman.