MONTALVO v. FOURTH COURT OF APPEALS

No. 95-1057.

917 S.W.2d 1 (1995)

The Honorable Frank MONTALVO, Judge, Relator, v. The FOURTH COURT OF APPEALS, Respondent.

Supreme Court of Texas.

November 16, 1995.


Attorney(s) appearing for the Case

Frank Montalvo, San Antonio, Sharon E. Callaway, San Antonio, Thomas H. Crofts, Jr., San Antonio, for Relator.

Edward P. Waller, San Antonio, Laura A. Cavaretta, San Antonio, Allan K. DuBois, San Antonio, Karen E. White (McMurry), San Antonio, Leslie A. Benitez, Austin, Frank Herrera, Jr., San Antonio, Adam Poncio, San Antonio, John R. Henderson, Dallas, Marilyn S. Mollet, Dallas, John G. Sams, Irving, Dan K. Horn, Irving, David C. Duggins, Austin, Michael R. Klatt, Austin, Amanda Foote (Schmidt), Austin, for Respondent.


PER CURIAM.

In this original proceeding, the court of appeals conditionally issued a writ of mandamus compelling the trial court to vacate its order setting an abbreviated schedule for hearing a motion to transfer venue. Under the facts of this case, the record does not demonstrate a lack of an adequate remedy on appeal. Thus, mandamus was improper. We conditionally grant the writ of mandamus. We need not decide and express no opinion whether the trial court abused...

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