Court of Civil Appeals of Texas, 2008

in Re: Lanaye Julian

in Re: Lanaye Julian
Court of Civil Appeals of Texas · Decided June 19, 2008

in Re: Lanaye Julian

Opinion

NUMBER 13-08-00363-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN RE LANAYE JULIAN

On Petition for Writ of Mandamus

MEMORANDUM OPINION Before Justices Rodriguez, Garza, and Vela Per Curiam Memorandum Opinion1 Relator, Lanaye Julian, filed a petition for writ of mandamus and an emergency motion to stay the underlying proceedings in the above cause on June 5, 2008, contending that the trial court abused its discretion in granting a motion for protective order filed by the real party in interest, Maurice Julian. That same day, this Court granted the motion for emergency stay and ordered all proceedings in the trial court stayed. The Court requested

See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). that the real party in interest, Maurice Julian, by and through counsel, file a response to relators' petition for writ of mandamus on or before June 16, 2008, and his response has been filed herein.

The Court, having examined and fully considered the petition for writ of mandamus and response thereto, is of the opinion that relator has not shown herself entitled to the relief sought. Accordingly, the stay previously imposed by this Court is LIFTED. See TEX .

R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided."). The petition for writ of mandamus is DENIED.

See id. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and filed this 19th day of June, 2008.

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