in Re: Leonard M. McCollum

• Court: Court of Appeals of Texas
• Decided: March 10, 2005
• Docket: 14-05-00170-CV
• Status: Published

Opinion

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 10, 2005

Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 10, 2005.

In The

Fourteenth Court of Appeals

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NO. 14-05-00170-CV

IN RE LEONARD M. McCOLLUM, Relator

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ORIGINAL PROCEEDING

WRIT OF MANDAMUS

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M E M O R A N D U M   O P I N I O N

On February 17, 2005, Leonard M. McCollum filed a Request for Temporary Relief and Motion to Stay.  The document contains argument and citation to authority, seeking a stay of trial court proceedings pending our determination of Athe pending Application for Writ of Mandamus.@  No petition for writ of mandamus was filed. 

Real party has filed a response, arguing that the motion should be denied because no petition for writ of mandamus has been filed, and alternatively, that even if a petition had been filed, mandamus is not the appropriate remedy.

We agree with real party=s assertion that the motion should be denied.  Absent the filing of a petition for writ of mandamus in accordance with Rule 52.3, we are unable to grant extraordinary relief.  Accordingly, we deny relator=s motion for temporary relief and motion to stay.

PER CURIAM

Petition Denied and Memorandum Opinion filed March 10, 2005.

Panel consists of Justices Yates, Anderson, and Hudson.