in Re Ruben Espronceda, Ramon and Rafael Espronceda, Minors and William A. Mallow

No. 04-00-00758-CV In re Ruben ESPRONCEDA; Ramon and Rafael Espronceda, Minors; and William A. Mallow Original Mandamus Proceeding Arising from the 408th District Court, Bexar County, Texas

Trial Court No. 2000-CI-14767

Honorable David Peeples, Judge Presiding

PER CURIAM

Sitting: Tom Rickhoff, Justice

Paul Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: December 13, 2000

PETITION FOR WRIT OF MANDAMUS DENIED; MOTION TO DISMISS DENIED

On November 3, 2000, relators filed a Motion for Accelerated Appeal, Petition for Declaratory judgment, Mandamus, Injunction, or Quo Warranto. On November 16, 2000, the real party in interest, the City of San Antonio, filed a motion to dismiss, which the relators oppose.

This court has determined that relators are not entitled to the relief sought because the petition for writ of mandamus does not comply with Texas Rule of Appellate Procedure 52.3(j)(1)(A). Therefore, the petition is DENIED, without prejudice to relators pursuing their complaints on appeal and in compliance with the appropriate Rules of Appellate Procedure. Tex. R. App. P. 52.8(a). The City of San Antonio's motion to dismiss is DENIED.

Relator shall pay all costs incurred in this proceeding.

PER CURIAM

DO NOT PUBLISH