in Re Eugenio Villarreal

Court of Appeals of Texas·Decided February 3, 2021·No. 04-20-00403-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas

MEMORANDUM OPINION No. 04-20-00403-CV

IN RE EUGENIO VILLARREAL

Original Mandamus Proceeding 1

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Liza A. Rodriguez, Justice

Delivered and Filed: February 3, 2021

PETITION FOR WRIT OF MANDAMUS DENIED

On August 12, 2020, relator filed a petition for writ of mandamus challenging the trial

court’s assessment of attorney fees to be paid by August 15, 2020. Relator also filed a motion for

temporary stay of the payment deadline, which this court granted on August 13, 2020. The real

party in interest filed a response to the mandamus petition on September 7, 2020. Thereafter,

relator filed a reply and the real party in interest filed a sur-reply. After considering the petition,

response, reply, and sur-reply, along with the mandamus record, this court concludes relator is not

entitled to the relief sought. Accordingly, the petition for writ of mandamus is denied. See TEX.

R. APP. P. 52.8(a). The stay imposed on August 13, 2020 is lifted.

1 This proceeding arises out of Cause No. 2016-CVT-000921-D3, styled Tina Botello v. Eugenio Villarreal, in the 341st Judicial District Court, Webb County, Texas, the Honorable Rebecca Palomo presiding.

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