in Re Federal Deposit Insurance Corporation, Relator ( 2013 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00625-CV IN RE FEDERAL DEPOSIT INSURANCE CORPORATION, As Receiver for First National Bank 1 Original Mandamus Proceeding 2 PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: November 6, 2013 PETITION FOR WRIT OF MANDAMUS DENIED On September 13, 2013, relator First National Bank filed a petition for writ of mandamus and motion for emergency stay. On September 17, 2013, this court issued an order granting the requested emergency stay and requesting a response to the petition for writ of mandamus. The court has considered the petition for writ of mandamus and the responses filed on behalf of the real parties in interest and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX. R. APP. P. 52.8(a). The emergency stay previously ordered by this court is lifted. PER CURIAM 1 Federal Deposit Insurance Corporation, as Receiver for First National Bank is substituted as relator in this original proceeding initially filed by First National Bank. 2 This proceeding arises out of Cause No. 2009-CI-05744, styled Gregory Halprin, et al. v. First National Bank, et al., pending in the 438th Judicial District Court, Bexar County, Texas, the Honorable Gloria Saldaña presiding.