in Re: John Paul Hess

• Court: Court of Appeals of Texas
• Decided: February 8, 2007
• Docket: 13-07-00054-CV
• Status: Published

Opinion

NUMBER 13-07-054-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

_________________________________________________________ _______

IN RE: JOHN PAUL HESS__________________________________________________________ ___

On Petition for Writ of Mandamus

and Motion for Emergency Stay

_________________________________________________________ __ ___

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Benavides

Per Curiam Memorandum Opinion ⁽¹⁾

Relator, John Paul Hess, filed a petition for writ of mandamus and a motion for emergency stay in the above cause on January 26, 2007. ⁽²⁾ The Court, having examined and fully considered the petition for writ of mandamus with appendix, the response with appendix filed by real party in interest, Donna Johnson, the reporter's record and the supplementation of the record, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

On January 26, 2007, this Court granted relator's motion for emergency stay of the trial court's orders dated January 22, 2007 and January 24, 2007, ordering production of documents identified in Exhibit A attached to real party's amended notice of intent to take Hess's oral deposition dated December 7, 2006. Having denied the petition, the stay is hereby lifted.

Furthermore, real party in interest's request for sanctions is denied.

PER CURIAM

Memorandum Opinion delivered and filed

this 8th day of February, 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).

2.

Hugo Xavier de los Santos is also identified as a relator in this proceeding.