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In re French

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Oct 2, 2013
No. 08-13-00254-CV (Tex. App. Oct. 2, 2013)

Opinion

No. 08-13-00254-CV

2013-10-02

IN RE: MICHELLE FRENCH, IN HER OFFICIAL CAPACITY AS DENTON COUNTY TAX ASSESSOR-COLLECTOR, Relator


AN ORIGINAL PROCEEDING


IN MANDAMUS


MEMORANDUM OPINION

Michelle French, in her official capacity as Denton County Tax Assessor-Collector, filed a petition for writ of mandamus seeking review of the trial court's order which granted a motion by the Real Party in Interest, Banatex L.L.C., to deny suspension of the trial court's judgment pending appeal. That judgment is being appealed by the Denton County Tax Assessor-Collector in Steve Mossman is his Official Capacity as Denton County Tax Assessor-Collector v. Banatex L.L.C. (cause number 08-13-00245-CV). After reviewing the mandamus petition and the response filed by Banatex, we conclude that the issues presented by the petition should be considered as a motion for review filed pursuant to Rule 24.4. See TEX.R.APP.P. 24.4(a)(4)(providing that a party may, by motion filed in the appellate court, seek review of a trial court's determination under Rule 24.2(a)(3) whether to permit suspension of enforcement); Texas Custom Pools, Inc. v. Clayton, 293 S.W.3d 299, 304 (Tex.App.--El Paso 2009, op. on motion). We therefore dismiss Relator's petition for writ of mandamus and re-file the petition as a motion for review pursuant to Rule 24.4(a) in cause number 08-13-00245-CV. The motion for review will be heard "at the earliest practicable time" in accordance with TEX.R.APP.P. 24.4(d).

The Texas Supreme Court entered a docket equalization order transferring the appeal from the Second Court of Appeals to the Eighth Court of Appeals. See TEX.GOV'T CODE ANN. § 73.001 (West 2013).

YVONNE T. RODRIGUEZ, Justice Before McClure, C.J., Rivera, and Rodriguez, JJ.
Rivera, J. (Not Participating)


Summaries of

In re French

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS
Oct 2, 2013
No. 08-13-00254-CV (Tex. App. Oct. 2, 2013)
Case details for

In re French

Case Details

Full title:IN RE: MICHELLE FRENCH, IN HER OFFICIAL CAPACITY AS DENTON COUNTY TAX…

Court:COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

Date published: Oct 2, 2013

Citations

No. 08-13-00254-CV (Tex. App. Oct. 2, 2013)

Citing Cases

Steve Mossman in His Official Capacity v. Banatex, L.L.C.

In an opinion issued this same date, we dismissed the mandamus petition and re-filed as a motion for review…