in Re: Lanaye Julian ( 2008 )


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    NUMBER 13-08-00363-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    IN RE LANAYE JULIAN
    On Petition for Writ of Mandamus
    MEMORANDUM OPINION
    Before Justices Rodriguez, Garza, and Vela
    Per Curiam Memorandum Opinion1
    Relator, Lanaye Julian, filed a petition for writ of mandamus and an emergency
    motion to stay the underlying proceedings in the above cause on June 5, 2008, contending
    that the trial court abused its discretion in granting a motion for protective order filed by the
    real party in interest, Maurice Julian. That same day, this Court granted the motion for
    emergency stay and ordered all proceedings in the trial court stayed. The Court requested
    1
    See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinio n but
    is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions).
    that the real party in interest, Maurice Julian, by and through counsel, file a response to
    relators' petition for writ of mandamus on or before June 16, 2008, and his response has
    been filed herein.
    The Court, having examined and fully considered the petition for writ of mandamus
    and response thereto, is of the opinion that relator has not shown herself entitled to the
    relief sought. Accordingly, the stay previously imposed by this Court is LIFTED. See TEX .
    R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is
    effective until the case is finally decided."). The petition for writ of mandamus is DENIED.
    See 
    id. 52.8(a). PER
    CURIAM
    Memorandum Opinion delivered and
    filed this 19th day of June, 2008.
    2
    

Document Info

Docket Number: 13-08-00363-CV

Filed Date: 6/19/2008

Precedential Status: Precedential

Modified Date: 9/11/2015