in Re Total Commitment, LLC and Total Commitment in Ministries, a Non-Profit Corporation

• Court: Court of Appeals of Texas
• Decided: February 25, 2013
• Docket: 13-13-00065-CV
• Status: Published

Opinion

NUMBER 13-13-00065-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN RE TOTAL COMMITMENT, LLC AND TOTAL COMMITMENT IN MINISTRIES, A NON-PROFIT CORPORATION

On Petition for Writ of Mandamus.

MEMORANDUM OPINION Before Justices Garza, Benavides, and Perkes Memorandum Opinion Per Curiam1 Relators, Total Commitment, LLC, and Total Commitment in Ministries, a

Nonprofit Corporation, have filed a petition for writ of mandamus alleging that the

Honorable Sergio Valdez, presiding judge of the County Court at Law No. 7 of Hidalgo

County, Texas, abused his discretion, leaving relators without an adequate appellate

1 See TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions), 52.8(d) (“When denying relief [in an original proceeding], the court may hand down an opinion but is not required to do so.”). remedy, by transferring the underlying cause, styled MJJS Corporation v. Total

Commitment, LLC, et al., trial court cause number CL-11-3519-G, to the County Court

at Law No. 8 of Hidalgo County. On February 1, 2013, we granted relators’ request to

stay the underlying proceedings and we ordered the real party in interest, MJJS

Corporation, to file a response. Such a response was filed on February 20, 2013.

Having fully reviewed and considered relators’ petition and real party in interest’s

response, we conclude that the relator has not shown itself entitled to the relief sought

and that the petition for writ of mandamus should be denied. Accordingly, we hereby

DENY relator’s petition for writ of mandamus and LIFT the previously-imposed stay of

trial court proceedings.

PER CURIAM

Delivered and filed the 25th day of February, 2013.