in Re Leon Joffe
This text of in Re Leon Joffe (in Re Leon Joffe) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
• • • • • •
MEMORANDUM OPINION
No. 04-08-00842-CV
IN RE Leon JOFFE
Original Mandamus Proceeding
PER CURIAM
Sitting: Alma L. López, Chief Justice
Catherine Stone, Justice
Rebecca Simmons, Justice
Delivered and Filed: December 10, 2008
PETITION FOR WRIT OF MANDAMUS DENIED
Leon Joffe seeks a writ of mandamus directing the presiding County Court judge to issue an order granting his Motion to Suspend Enforcement of Judgment Pending Appeal by Alternative Security in Lieu of Supersedeas Bond. Based on the documents attached to Joffe’s petition, the motion was file-stamped on November 14, 2008, and appears to be set for a hearing on December 4, 2008. Although Joffe contends that the failure to immediately rule on his motion will permit the real party in interest to execute on a writ of possession in the underlying lawsuit, a trial court has a reasonable time to consider and rule on a pending motion. In re Bonds, 57 S.W.3d 456, 457 (Tex. App.—San Antonio 2001, orig. proceeding). Accordingly, Joffe’s petition for writ of mandamus and emergency motion are denied.
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