TEXAS NEW MEXICO POWER COMPANY v. << (2019)

Court of Appeals of Texas, Houston (1st Dist.).

TEXAS-NEW MEXICO POWER COMPANY, Relator

NO. 01-18-01075-CV

Decided: June 20, 2019

Panel consists of Chief Justice Radack and Justices Higley and Hightower.

Lane P. Farley, R. Scott Mayo, Lorin M. Subar, Fletcher, Farley, Shipman & Salinas, LLP, 9201 N. Central Expressway, Ste., 600, Dallas, TX 75231, for Relator. Lawrence M.M. Tylka, Tyler Tylka, Tylka Law Firm, 1104 E. Main St., League City, TX 77573, Alton C. Todd, 312 S. Friendswood Drive, Friendswood, TX 77546, Jason Charles Webster, Heid Vicknair, Omar Chawdhary, The Webster Law Firm, 6200 Savoy Dr Ste 150, Houston, TX 77036, Daniel D. Horowitz, 2100 Travis St., Ste. 280, Houston, TX 77002, for Real party in interest.

OPINION

Texas-New Mexico Power Company has filed a petition for writ of mandamus asking that we order the trial court to (1) vacate its October 8, 2018 order denying Texas-New Mexico Power Company's Motion to Dismiss for Subject Matter Jurisdiction and (2) enter an order dismissing the case against it for want of subject-matter jurisdiction.¹

The petition for writ of mandamus is DENIED. Accordingly, we lift the stay of the order issued by this Court on January 29, 2019.

FOOTNOTES

1. The underlying case is Christopher and Sheila Hubbard, et al. v. Texas New Mexico Power Company, Mesa Line Services, LLC, cause number 2017-64906, pending in the 234th District Court of Harris County, Texas, the Hon. Wesley Ward presiding.

PER CURIAM

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