in Re: Dr. Michael R. Kilgore

• Court: Court of Appeals of Texas
• Decided: May 26, 2006
• Docket: 13-06-00255-CV
• Status: Published

Opinion

                                    NUMBER 13-06-255-CV

                             COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG 

EX PARTE: DR. MICHAEL R. KILGORE

On Petition for Habeas Corpus and

Motion for Emergency Temporary Relief

                               MEMORANDUM OPINION

                         Before Justices Hinojosa, Yañez, and Garza

                                 Memorandum Opinion Per Curiam

On May 15, 2006, relator, Dr. Michael R. Kilgore filed a petition for writ of habeas corpus with this Court in which he alleges that on May 10, 2006, the respondent, the Honorable Juan Ramon Partida, Presiding Judge of the 275th Judicial District Court, of Hidalgo County, Texas, abused his discretion by entering an order granting real party in interest=s motion to enforce or in the alternative, motion to reconsider.  Relator=s petition for writ of habeas corpus asks this Court to order the respondent to set aside the trial court=s order of contempt entered May 10, 2006.  In addition, relator filed an emergency motion for stay, asking this Court to order a stay of the trial court=s order of contempt, and for all other and further relief. 

This Court stayed all proceedings in the underlying action and requested a response from the real party in interest, Barbara Watson Kilgore .  The real party in interest filed her response to the petition for writ of habeas corpus on May 25, 2006. 

Having examined and fully considered the petition for writ of habeas corpus and  real party in interest=s response, this Court denies the petition and lifts the stay granted on relator=s emergency motion.  The petition for writ of habeas corpus is hereby DENIED.  See Tex. R. App. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and

filed this the 26th day of May, 2006.