In re Americare Nursing Serv.

Full title: IN RE: AMERICARE NURSING SERVICES, INC. AND MARTHA ARANGO

Court: Court of Appeals of Texas, Thirteenth District, Corpus Christi — Edinburg

Date published: May 14, 2009

No. 13-09-00235-CV (Tex. App. May. 14, 2009)

Opinion

No. 13-09-00235-CV

Opinion issued May 14, 2009.

On Petition for Writ of Mandamus.

Before Justices YAÑEZ, RODRIGUEZ, and BENAVIDES.

MEMORANDUM OPINION

PER CURIAM Memorandum Opinion.[fn1] [fn1] 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).

Relators, Americare Nursing Services, Inc. and Martha Arango, filed a petition for writ of mandamus and motion for emergency relief in the above cause on April 24, 2009. On April 24, 2009, the Court entered an order granting emergency relief in the form of a stay and further requested a response to be filed by the real parties in interest, Andrea Davila and Antonio Davila. Such response was duly filed on May 11, 2009.

The Court, having examined and fully considered the petition for writ of mandamus and the response thereto, is of the opinion that relators have not shown themselves entitled to the relief sought. Accordingly, the stay previously imposed by this Court is LIFTED. See TEX. R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided."). The petition for writ of mandamus is DENIED. See id. 52.8(a).