Petition for Writ of Mandamus Denied and Memorandum Opinion filed January 18, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-06-01082-CV
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IN RE JOEL MALLORY, Relator
ORIGINAL PROCEEDING
WRIT OF MANDAMUS
M E M O R A N D U M O P I N I O N
On December 4, 2006, relator filed a petition for writ of mandamus in this court.[1] See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. In the petition, relator complained of several orders issued in the underlying action, styled Joel Mallory v. Washington Mutual, N.A. and Mann & Stevens, P.C., in cause number 2005-00431 in the 189th District Court in Harris County. Relator asked this court to compel the Honorable William Burke, presiding judge of the 189th District Court, to (1) strike the intervention filed by Wachovia Bank, National Association; (2) rescind the order overruling his objections to discovery; (3) grant his motion for continuance to allow further discovery; and (4) rescind the denial of his motion to recuse. In addition, relator asked that we compel the Honorable Martha Hill Jamison, presiding judge of the 164th District Court in Harris County, to rescind the denial of his motion for reconsideration, or alternatively, second motion for recusal, in which the court assessed attorney=s fees.
In addition, relator filed a motion for interim orders in which he sought, among other relief, a stay of all proceedings in the underlying cause. See Tex. R. App. P. 52.10. Relator also filed a motion to consolidate the record from the related appeal with this proceeding. The real parties in interest filed a motion to dismiss, and a supplemental motion to dismiss, this proceeding.
Relator has not established that he is entitled to mandamus relief. Accordingly, we deny relator=s petition for writ of mandamus and motion for interim orders. All other pending motions are denied as moot.
PER CURIAM
Petition Denied and Memorandum Opinion filed January 18, 2007.
Panel consists of Chief Justice Hedges and Justices Fowler and Edelman.
[1] Relator attempted to file a joint Abrief/petition for mandamus@ on November 22, 2006, in the related appeal arising from the same underlying action, which is currently pending under this court=s appellate cause number 14-06-00718-CV. The court returned the filing with instructions to re-draw the brief and to file a separate petition in compliance with the Texas Rules of Appellate Procedure. On December 4, 2006, relator filed a petition for writ of mandamus in this cause, which also did not comply with the Texas Rules of Appellate Procedure and was returned for correction. Relator filed a corrected petition on December 22, 2006.