in Re: Lanaye Julian

• Court: Court of Appeals of Texas
• Decided: June 19, 2008
• Docket: 13-08-00363-CV
• Status: Published

Opinion

NUMBER 13-08-00363-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE LANAYE JULIAN

On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Justices Rodriguez, Garza, and Vela Per Curiam Memorandum Opinion1

Relator, Lanaye Julian, filed a petition for writ of mandamus and an emergency

motion to stay the underlying proceedings in the above cause on June 5, 2008, contending

that the trial court abused its discretion in granting a motion for protective order filed by the

real party in interest, Maurice Julian. That same day, this Court granted the motion for

emergency stay and ordered all proceedings in the trial court stayed. The Court requested

1 See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). that the real party in interest, Maurice Julian, by and through counsel, file a response to

relators' petition for writ of mandamus on or before June 16, 2008, and his response has

been filed herein.

The Court, having examined and fully considered the petition for writ of mandamus

and response thereto, is of the opinion that relator has not shown herself entitled to the

relief sought. Accordingly, the stay previously imposed by this Court is LIFTED. See TEX .

R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is

effective until the case is finally decided."). The petition for writ of mandamus is DENIED.

See id. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and filed this 19th day of June, 2008.