in Re: Hugo Xavier De Los Santos

• Court: Court of Appeals of Texas
• Decided: September 19, 2007
• Docket: 13-07-00571-CV
• Status: Published

Opinion

NUMBER 13-07-571-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

IN RE HUGO XAVIER DE LOS SANTOS

On Petition for Writ of Mandamus ____________________________________________________________

MEMORANDUM OPINION

Before Justices Rodriguez, Benavides, and Vela

Per Curiam Memorandum Opinion ⁽¹⁾

Relator, Hugo Xavier De Los Santos, filed a petition for writ of mandamus and motion for emergency stay in the above cause on September 19, 2007. Relator complains that the trial court abused its discretion in setting the amount of a supersedeas bond at $23,165.14.

In the instant case, an appeal of the underlying trial proceedings has been perfected in this Court in Cause No. 13-07-502-CV. We have jurisdiction over the appeal and may review the supersedeas bond on a party's motion. See Tex. R. App. P. 24.4(a). Accordingly, it was unnecessary for relator to file a petition for writ of mandamus to challenge the supersedeas bond.

The Court, after due consideration, construes the petition for writ of mandamus as a motion to review the sufficiency or excessiveness of the amount of security ordered by the trial court, and transfers said motion to Cause No. 13-07-502-CV, along with relator's motion for emergency stay.

Having done so, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a); In re Union Pac. Res. Co., 969 S.W.2d 427, 428-29 (Tex. 1998) (relator must show it has no adequate remedy by law).

PER CURIAM

Memorandum Opinion delivered and filed

this 19th day of September, 2007.

1. See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).