IN RE: SHIMER PROPERTIES (2011)

MEMORANDUM OPINION

Opinion by Justice Lang

Relators contend the trial judge erred in granting “death penalty” sanctions as to their claims against real party in interest Dauphin Commercial Drywall.   The facts and issues are well known to the parties, so we need not recount them herein.   Based on the record before us, we conclude relators have not shown they are entitled to the relief requested.   See Tex.R.App. P. 52.8(a);  Walker v. Packer, 827 S.W.2d 833, 839–40 (Tex.1992) (orig.proceeding).  Accordingly, we DENY relators' petition for writ of mandamus and LIFT the stay imposed by our order of June 3, 2011.   We DENY Randy Sutton d/b/a Express Electric's June 13, 2011 motion to reconsider grant of emergency stay during mandamus as MOOT.

110675F.P05

DOUGLAS S. LANG JUSTICE