in Re: Cynthia De La Paz

• Court: Court of Appeals of Texas
• Decided: August 4, 2005
• Docket: 13-05-00494-CV
• Status: Published

Opinion

                             NUMBER 13-05-494-CV

                               COURT OF APPEALS

                      THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI- EDINBURG

                          IN RE: CYNTHIA DE LA PAZ

On Petition for Writ of Mandamus  

                            MEMORANDUM OPINION   

                Before Justices Yañez, Castillo, and Garza

                       Per Curiam Memorandum Opinion

On July 29, 2005, relator, Cynthia de la Paz, filed a petition for writ of mandamus in which she requested this Court to direct the Respondent, the Honorable J. Manuel Bañales, presiding judge of the 105th Judicial District Court of Nueces County, Texas, to (1) dissolve his temporary restraining order dated July 26, 2005 in trial court cause No. 96-2612-D and (2) return relator=s children to her residence, care, custody, and control.  Relator also filed a request for temporary emergency relief in which she requested this Court to dissolve the July 26, 2005 temporary restraining order and compel the return of her children pending a full evidentiary hearing in the trial court.

On July 29, 2005, this Court denied relator=s request for emergency relief and requested a response by the real party-in-interest, Sergio Franco, Sr.

On August 3, 2005, real party-in-interest filed a response to relator=s petition.  The Court, having examined and fully considered the petition for writ of mandamus, the response, and documents on file, is of the opinion that relator has not shown herself entitled to the relief sought.  Accordingly, the petition for writ of mandamus is DENIED.  See Tex. R. App. P. 52.8(a).

Per Curiam

Memorandum Opinion delivered and filed

this 4th day of August, 2005.