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In re Blue Water Gold, LLC

Court of Appeals Ninth District of Texas at Beaumont
May 23, 2012
NO. 09-12-00242-CV (Tex. App. May. 23, 2012)

Opinion

NO. 09-12-00242-CV

05-23-2012

IN RE BLUE WATER GOLD, LLC, KEITH BYER AND KIMBERLY SCOTT


Original Proceeding


MEMORANDUM OPINION

A mandamus petition and request for emergency temporary relief filed by Blue Water Gold, LLC, Keith Byer, and Kimberly Scott seeks to compel the trial court to stay depositions not related to determining jurisdiction until the trial court rules on the relators' plea in abatement. See Tex. R. App. P. 52. Relators contend a district court in Travis County has dominant jurisdiction. See generally Curtis v. Gibbs, 511 S.W.2d 263, 267 (Tex. 1974); but see Abor v. Black, 695 S.W.2d 564, 567 (Tex. 1985). According to relators, the Travis County court has denied relators' motion for injunctive relief. After reviewing the petition and mandamus record, we conclude that the relators have not shown that the trial court has at this time committed a clear abuse of discretion for which there is no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex. 2004). Accordingly, we deny the petition for writ of mandamus and motion for temporary relief. See Tex. R. App. P. 52.8(a).

PETITION DENIED.

PER CURIAM Before McKeithen, C.J., Gaultney and Kreger, JJ.


Summaries of

In re Blue Water Gold, LLC

Court of Appeals Ninth District of Texas at Beaumont
May 23, 2012
NO. 09-12-00242-CV (Tex. App. May. 23, 2012)
Case details for

In re Blue Water Gold, LLC

Case Details

Full title:IN RE BLUE WATER GOLD, LLC, KEITH BYER AND KIMBERLY SCOTT

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: May 23, 2012

Citations

NO. 09-12-00242-CV (Tex. App. May. 23, 2012)