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MEMORANDUM OPINION No. 04-08-00842-CV IN RE Leon JOFFE Original Mandamus Proceeding1 PER CURIAM Sitting: Alma L. López, Chief Justice Catherine Stone, Justice Rebecca Simmons, Justice Delivered and Filed: December 10, 2008 PETITION FOR WRIT OF MANDAMUS DENIED Leon Joffe seeks a writ of mandamus directing the presiding County Court judge to issue an order granting his Motion to Suspend Enforcement of Judgment Pending Appeal by Alternative Security in Lieu of Supersedeas Bond. Based on the documents attached to Joffe’s petition, the motion was file-stamped on November 14, 2008, and appears to be set for a hearing on December 4, 2008. Although Joffe contends that the failure to immediately rule on his motion will permit the real party in interest to execute on a writ of possession in the underlying lawsuit, a trial court has a reasonable time to consider and rule on a pending motion. In re Bonds, 57 S.W.3d 456, 457

… This proceeding arises out of Cause No. 341900, styled Miriam Joffe v. Leon Joffe, pending in the County Court at Law No. 5, Bexar County, Texas, the Honorable David Rodriguez presiding.

04-08-00842-CV

(Tex. App.—San Antonio 2001, orig. proceeding). Accordingly, Joffe’s petition for writ of mandamus and emergency motion are denied.

PER CURIAM

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