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)