in Re: Edward Wernecke

• Court: Court of Appeals of Texas
• Decided: October 3, 2005
• Docket: 13-05-00613-CV
• Status: Published

Opinion

                              NUMBER 13-05-613-CV

                         COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG 

IN RE: EDWARD WERNECKE, MICHELE WERNECKE,

AND KATIE WERNECKE

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

                               MEMORANDUM OPINION                                   

           Before Chief Justice Valdez and Justices Castillo and Garza

                                 Memorandum Opinion Per Curiam

On September 23, 2005, relators, Edward Wernecke, Michele Wernecke, and Katie Wernecke filed a petition for writ of mandamus with this Court in which they allege that the respondent, the Honorable Carl E. Lewis, Presiding Judge of the County Court at Law No. 5 in Nueces County, entered a temporary order following an adversary hearing on July 8, 2005, and a temporary order following emergency hearing on September 20, 2005.  Relators= petition for writ of mandamus asks this Court to order the respondent to vacate the temporary order dated July 8, 2005 and the temporary order dated September 20, 2005.  Pursuant to a request from this Court, the real party in interest filed a response to the petition for writ of mandamus on September 30, 2005.  In addition, relators= filed a supplemental brief in support of petition for writ of mandamus on September 30, 2005 and a reply brief on October 3, 2005.

This Court, having examined and fully considered the petition for writ of mandamus, response, relators= supplemental brief, and relators= reply brief, is of the opinion that relators= have not shown themselves entitled to the relief sought.  The petition for writ of mandamus is DENIED.  See Tex. R. App. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered

and filed this the 3rd day of October, 2005.