Garza v. Pope

OPINION

HARDBERGER, Chief Justice.

In this original proceeding we determine whether the court abused its discretion in denying relator’s motion to cancel or modify a lis pendens filed against a 20 acre tract. We conditionally grant a writ of mandamus directing the court to cancel the lis pendens.

Factual and Procedural Background

Relator Garza owns 219 acres of land in Starr County. He has subdivided 20 acres for a residential development with dedicated public streets. Real parties, the Gonzalezes, have cattle on land adjacent to .the 219 acres and use a dirt road running across part of the…