in Re: Nathan Lish

Petition for Writ of Mandamus Dismissed, and Memorandum Opinion filed July 24, 2008

 

Petition for Writ of Mandamus Dismissed, and Memorandum Opinion filed July 24, 2008.

 

 

In The

 

Fourteenth Court of Appeals

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NO. 14-08-00581 -CV

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IN RE NATHAN LISH, 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 8, 2008, relator Nathan Lish filed a petition for writ of mandamus, petition for writ of injunction, and motion for reduction of bond.  Relator asks that we issue a writ of mandamus ordering the trial court to accept a proffered security bond to supersede the $17,000 money judgment rendered against him.  Relator asks further that we reduce the amount of security ordered by the trial court and issue a writ of injunction preventing enforcement of the judgment against him pending the resolution of these proceedings.


Relator also has brought an appeal of the underlying trial proceedings, which has been docketed in this Court as Cause No. 14-08-00587-CV.  Review of a trial court=s decision on supersedeas is more properly presented as a motion in the pending related appeal.  See Tex. R. App. P. 24.4.  We therefore conclude that relator has an adequate appellate remedy, and is not entitled to mandamus relief.  In re Union Pac. Res. Co., 969 S.W.2d 427, 428B29 (Tex. 1998) (orig. proceeding).

 We construe relator=s petition for writ of mandamus, petition for writ of injunction, and motion for reduction of bond as motions to review the type and sufficiency of the amount of security ordered by the trial court, and transfer   these motions to Cause No. 14-08-00587-CV.  See Tex. R. App. P. 24.4.

Having done so, we dismiss the petition for writ of mandamus.  See In re Jamilah, No. 14-06-00842-CV, 2006 WL 2805552, at *1 (Tex. App.CHouston [14th Dist.] Oct. 3, 2006, orig. proceeding) (mem. op.).

PER CURIAM

 

Petition for Writ of Mandamus Dismissed, and Memorandum Opinion filed, July 24, 2008.

Panel consists of Justices Frost, Seymore, and Guzman.