in Re: Titan Tire Corporation

• Court: Court of Appeals of Texas
• Decided: October 21, 2004
• Docket: 13-04-00434-CV
• Status: Published

Opinion

NUMBER 13-04-00434-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

___________________________________________________________________

IN RE TITAN TIRE CORPORATION,

TITAN TIRE CORPORATION OF TEXAS,

AND TITAN INTERNATIONAL, INC.

__________________________________________________________________

On Petition for Writ of Mandamus ___________________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Wittig

Per Curiam Memorandum Opinion

         Relators, Titan Tire Corporation, Titan Tire Corporation of Texas, and Titan International, Inc., Relators, Titan Tire Corporation, Titan Tire Corporation of Texas, and Titan International, Inc., filed a petition for writ of mandamus and a motion for emergency stay in the above cause on August 19, 2004. That same day, the Court granted the motion, stayed the trial court’s order requiring payment of a $375,000 discovery sanction, and requested a response from real parties in interest.

         Subsequently, the Court granted, or is now granting, motions allowing real parties in interest an extension of time to file a response, a joint motion to set a new briefing schedule, an agreed motion to file an amended petition for writ of mandamus, and a motion to file a response thereto.

         The Court, having examined and fully considered the amended petition for writ of mandamus and response, is of the opinion that relators have not shown themselves entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8(a). Accordingly, the stay is hereby ordered LIFTED. The petition for writ of mandamus is DENIED.

                                                                                 PER CURIAM

Memorandum Opinion delivered and filed

this 21st day of October, 2004.