in Re County of Hidalgo, Hidalgo County Elections Department, Hilda A. Salinas, Interim Elections Administrator and Everardo Villarreal, in Both His Official Capacity as Hidalgo County Precinct 3 County Commissioner and Individual Capacity ( 2022 )

NUMBER 13-22-00510-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN RE COUNTY OF HIDALGO, HIDALGO COUNTY ELECTIONS
DEPARTMENT, HILDA A. SALINAS, INTERIM ELECTIONS
ADMINISTRATOR AND EVERARDO VILLARREAL, IN BOTH HIS
OFFICIAL CAPACITY AS HIDALGO COUNTY PRECINCT 3 COUNTY
COMMISSIONER AND INDIVIDUAL CAPACITY
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Contreras and Justices Benavides and Tijerina
Order Per Curiam
On October 21, 2022, relators County of Hidalgo, Hidalgo County Elections
Department, Hilda A. Salinas as the Interim Elections Administrator, and Everardo
Villarreal, in his official capacity as Hidalgo County Precinct 3 Commissioner and in his
individual capacity, filed a petition for writ of mandamus. Relators assert through multiple
issues that the trial court abused its discretion by issuing a temporary restraining order in
favor of the real parties in interest, City of Peñitas and Ramiro Loya, in his official capacity
as Mayor of the City of Peñitas and in his individual capacity. The temporary restraining
order at issue orders relators to “immediately cease and desist from proceeding with the
early voting elections starting on October 24, 2022, and the November 8, 2022 general
election” without opening the Peñitas Public Library as a polling location. Relators have
also filed a motion for emergency stay through which they request that we stay the
temporary restraining order at issue in this original proceeding.
This Court requests the real parties in interest to file a response to the petition for
writ of mandamus on or before 5:00 p.m. on Monday, October 24, 2022. See TEX. R. APP.
P. 52.2, 52.4, 52.8. We further request the real parties to address the motion for
emergency stay in their response to the petition for writ of mandamus. Pending our receipt
and review of the real parties’ response, we grant the relators’ motion for emergency stay
and we order the temporary restraining order to be stayed. See id. R. 52.10(b) (“Unless
vacated or modified, an order granting temporary relief is effective until the case is finally
decided.”).
PER CURIAM
Delivered and filed on the
23rd day of October, 2022.
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