Court of Appeals of Texas, 2016

in Re Nicholas Brigandi, Tawnya Brigandi, and All Other Occupants of 2428 Cherry Lane, Little Elm, Texas 75068

in Re Nicholas Brigandi, Tawnya Brigandi, and All Other Occupants of 2428 Cherry Lane, Little Elm, Texas 75068
Court of Appeals of Texas · Decided November 17, 2016
in Re Nicholas Brigandi, Tawnya Brigandi, and All Other Occupants of 2428 Cherry Lane, Little Elm, Texas 75068

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00414-CV

IN RE NICHOLAS BRIGANDI, RELATORS TAWNYA BRIGANDI, AND ALL

OTHER OCCUPANTS OF 2428

CHERRY LANE, LITTLE ELM,

TEXAS 75068

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ORIGINAL PROCEEDING

TRIAL COURT NOS. CV-2016-01542, E16-179J2 ----------

MEMORANDUM OPINION1 ----------

After considering relators’ petition for writ of mandamus and the response of the real parties in interest, the court is of the opinion that relief should be denied because relators have an adequate remedy by appealing Denton County Court at Law Number Two’s October 18, 2016 dismissal order. Accordingly, relators’ petition for writ of mandamus is denied. This court’s November 3, 2016 stay order remains in effect until (1) the date a judgment issued by this court resolving a timely-filed appeal becomes final if relators timely file a notice of appeal or (2) if no appeal is filed, upon the expiration of the time for filing a motion for extension of time to file a notice of appeal. See Tex. R. App. P. 26.3.

PER CURIAM PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ.

DELIVERED: November 17, 2016

1 See Tex. R. App. P. 47.4., 52.8(d).

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