in Re: Conseco Life Insurance Company

• Court: Court of Appeals of Texas
• Decided: June 29, 2004
• Docket: 13-04-00304-CV
• Status: Published

Opinion

v03252.ord

NUMBER 13-04-00304-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: CONSECO LIFE INSURANCE COMPANY, Relator

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Hinojosa and Castillo

Memorandum Opinion Per Curiam

On June 17, 2004, relator, Conseco Life Insurance Company, filed a petition for writ of mandamus requesting that this Court direct the respondent, the Honorable Daniel T. Robles, presiding judge of the County Court at Law No. 3, Cameron County, Texas, to vacate his order, dated March 12, 2004, in Cause No. 2003-CCL-102-C, appointing an auditor. Relator has also filed a motion for emergency temporary relief requesting that this Court stay the scheduled audit pending our review of the petition for writ of mandamus. See Tex. R. App. P. 52.10(a). After reviewing the petition, this Court requested a response. The real parties in interest, Lawrence Onderdonk, Yolanda Carrizales, Sandra Garza, Juan Blanco, Jr., Arturo Rodriguez, and Sara Rodriguez, filed a response on June 28, 2004.

Having reviewed the motion for emergency relief, petition for writ of mandamus, documents on file, and the response of the real parties in interest, this Court is of the opinion that the request for emergency relief and petition for writ of mandamus should be denied.

Accordingly, relators’ motion for emergency relief and petition for writ of mandamus are hereby denied.

                                                                                                                                                     PER CURIAM

Memorandum Opinion delivered and filed

this 29th day of June, 2004.