in Re: Mid Valley Garden & Pond Supply, Inc.

• Court: Court of Appeals of Texas
• Decided: May 15, 2007
• Docket: 13-07-00281-CV
• Status: Published

Opinion

NUMBER 13-07-281-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: MID VALLEY GARDEN & POND SUPPLY, INC.

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza

Memorandum Opinion Per Curiam

On May 4, 2007, relator, Mid Valley Garden & Pond Supply, Inc. filed a petition for writ of mandamus with this Court in which it alleges that on December 12, 2006 and January 4, 2007, respectively, respondent, the Honorable Leticia Lopez, Presiding Judge of the 389th Judicial District Court of Hidalgo County, Texas, abused her discretion by (1) granting a motion to extend post judgment deadlines filed by the real parties in interest, Fernando Gonzalez and Josefa Gonzalez, and (2) by granting a motion for new trial filed by the real partes in interest.

Relator also filed a motion for emergency stay, asking this Court to stay all proceedings in the district court pending the determination of relator's petition for writ of mandamus. This Court ordered a stay of all proceedings in cause number C-2758-05-H and requested a response from the real parties in interest.

This Court, having examined and fully considered the petition for writ of mandamus and the response by the real parties in interest, is of the opinion that the relator has not shown itself entitled to the relief sought.

This Court denies the petition for writ of mandamus and lifts the stay previously ordered by this Court. The petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).

PER CURIAM

Memorandum Opinion delivered and

filed this the 15th day of May, 2007.