Senior Living Properties, LLC d/b/a Garden Terrace Healthcare Center v. Linda Keyser, Individually and as Representative of the Estate of Leona Bernice Keyser--Appeal from 90th District Court of Young

State: Texas

Court: Texas Northern District Court

Docket No: 02-10-00262-CV

Case Date: 12/02/2010

Plaintiff: Senior Living Properties, LLC d/b/a Garden Terrace Healthcare Center

Defendant: Linda Keyser, Individually and as Representative of the Estate of Leona Bernice Keyser--Appeal from

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MEMORANDUM OPINION
No. 04-09-00084-CV IN RE FRUCTUOSO SAN MIGUEL Original Mandamus Proceeding1 PER CURIAM Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice

Delivered and Filed: February 18, 2009 PETITION FOR WRIT OF MANDAMUS DENIED In this original mandamus proceeding, relator Fructuoso San Miguel complains of the trial court's order granting the City of Laredo's motion to dismiss two individual defendants under Texas Civil Practice and Remedies Code section 101.106(e). To be entitled to mandamus relief, a relator must show the trial court clearly abused its discretion and the relator has no adequate remedy at law. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135 (Tex. 2004); Walker v. Packer, 827 S.W.2d 833, 839-40 (Tex. 1992). The court has considered relator's petition and is of the opinion that relator is not entitled to the relief sought because he has an adequate remedy by appeal. See Tex. Bay Cherry Hill, L.P. v. City of Fort Worth, 257 S.W.3d 379, 396-97 (Tex. App.--Fort Worth 2008, no

... This proceeding arises out of Cause No. 2008-CVF-000993-D3, styled Fructuoso San Miguel v. The City of Laredo, Raul Salinas, Individually, and Carlos Villarreal, Individually, pending in the 341st Judicial District Court, W ebb County, Texas, the Honorable Elma Teresa Salinas Ender presiding.

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04-09-00084-CV

pet.) (considering an appeal from an order dismissing an employee from the suit under Texas Civil Practice and Remedies Code section 101.106(e)). Accordingly, relator's petition for writ of mandamus is denied. TEX . R. APP . P. 52.8(a). PER CURIAM

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