in Re PlainsCapital Bank

• Court: Court of Appeals of Texas
• Decided: January 7, 2015
• Docket: 13-15-00001-CV
• Status: Published

Opinion

NUMBER 13-15-00001-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE PLAINSCAPITAL BANK

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza Per Curiam Memorandum Opinion1

Relator, PlainsCapital Bank, filed a petition for writ of mandamus with a request for

temporary relief in the above cause on January 5, 2015. Through this original proceeding,

relator seeks to compel the trial court to: (1) affirm or reinstate the December 29, 2014

order granting relator’s motion for summary judgment, or in the alternative grant a new

summary judgment in favor of relator; and (2) vacate, reverse, or otherwise deny the

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).

1 December 24, 2014 order granting the motion to reconsider filed by real party in interest,

Ismael Flores.

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

the request for temporary relief, and the applicable law, is of the opinion that the petition

for writ of mandamus should be denied. See TEX. R. CIV. P. 166a; In re Greater McAllen

Star Properties, Inc., 444 S.W.3d 743, 748–50 (Tex. App.—Corpus Christi 2014, orig.

proceeding). Accordingly, we deny the petition for writ of mandamus and the request for

temporary relief.

PER CURIAM

Delivered and filed the 6th day of January, 2015.