Legal Opinion

in Re Mark Athans, Omar Martinez and Prestige Surgical Assistants, LLC

Court of Appeals of Texas

Decided February 13, 2015No. 14-14-00699-CVPublishedCited by 18 opinions

1Opinion of the Court

MAJORITY OPINION

Kem Thompson Frost Chief Justice

Relators Mark Athans, Omar Martinez, and Prestige Surgical Assistants, LLC filed a petition for writ of mandamus in this court. In the petition, relators ask this court to compel the respondent, the Honorable Larry Weiman, presiding judge of the 80th District Court of Harris County, to vacate an order granting a motion for new trial filed by real party in interest American Surgical Assistants, Inc. We deny the petition.

Burden to Provide a Sufficient Record

Relators bear the burden of demonstrating their entitlement to mandamus relief. See In re…

2Cases cited13 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998
  3. Waters v. ChurchillSupreme Court of the United States · 1994
  4. Texas v. CobbSupreme Court of the United States · 2001
  5. In Re Ford Motor Co.Texas Supreme Court · 2005

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3Cited by18 opinions

  1. In Re Germania Farm Mutual Insurance Association v. the State of Texas, Texas Court of Appeals, 13th District2025
  2. In Re Mengistu Taye v. the State of Texas, Texas Court of Appeals, 14th District (Houston)2024
  3. In Re NetJets Sales, Inc., NetJets Aviation, Inc., NetJets Services, Inc., and Curt Krippner v. the State of Texas, Texas Court of Appeals, 1st District (Houston)2025
  4. In Re the Monson Law Firm, LLC v. the State of Texas, Texas Court of Appeals, 13th District2025
  5. Rohn M. Weatherly v. State, Texas Court of Appeals, 2nd District (Fort Worth)2021

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