NUMBER 13-07-660-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI- EDINBURG

______________________________________________________________

IN RE: POPULAR LEASING USA, INC._____________________________________________________________

On Petition for Writ of Mandamus

and Motion for Emergency Stay

_____________________________________________________________

MEMORANDUM OPINION

Before Justices Yañez, Rodriguez, and Benavides

Memorandum Opinion Per Curiam

On October 19, 2007, relator, Popular Leasing USA, Inc., filed a petition for writ of mandamus, in which it requested this Court to direct the Respondent, the Honorable Federico "Fred" Garza, presiding judge of County Court of Law #4 of Hidalgo County, Texas, to rescind his order dated October 1, 2007, denying relator's motion to dismiss in trial court cause number CL-07-0396-D, styled McAllen North Imaging, Inc. v. Popular Leasing USA, Inc. Relator also filed a motion for emergency stay, requesting this Court to stay all proceedings in trial court cause number CL-07-0396-D pending disposition of its petition for writ of mandamus.

On October 22, 2007, this Court temporarily stayed all proceedings and requested a response. On November 1, 2007, party-in-interest filed a response.

The Court, having considered the petition for writ of mandamus, response, and documents on file, is of the opinion that the petition for writ of mandamus should be denied.

The stay granted on October 22, 2007 in trial court cause number CL-07-0396-D is ordered LIFTED. Relator's petition for writ of mandamus is hereby DENIED.

PER CURIAM

Memorandum Opinion delivered and filed

this the 7th day of November, 2007.