Opinion
No. 13-06-091-CV
Memorandum Opinion Delivered and Filed March 23, 2006.
On Petition for Writ of Mandamus and Motion for Emergency Temporary Relief.
Before Justices HINOJOSA, YAÑEZ, and GARZA.
MEMORANDUM OPINION
On March 3, 2006, relator, KB Home Lone Star LP, filed a petition for writ of mandamus with this Court in which they allege that on June 9, 2005, respondent, the Honorable Bobby Flores, Presiding Judge of the 139th District Court of Hidalgo County, Texas, abused his discretion by entering an order cancelling notice of lis pendens upon deposit into Court and that on December 9, 2005, respondent, the Honorable Horacio Peña, Jr., Presiding Judge of the 92nd District Court of Hidalgo County, Texas, abused his discretion by entering an order cancelling notice of lis pendens.
Relator's petition for writ of mandamus asks this Court to order the respondents to vacate their orders dated June 9, 2005 and December 9, 2005. In addition, relator filed a motion for emergency relief asking this Court to order a stay of the December 9, 2005 order. This Court stayed all proceedings in the underlying action and requested a response from the real parties in interest, Santa Clara Development, Ltd., Black Rhino Investments, L.L.C., Enrique S. De la Mora, Erick F. Palomares, Intercontinental Group, L.L.C., and Intercontinental Group Partnership, on March 6, 2006. The real parties in interest filed their response to the petition for writ of mandamus on March 14, 2006. In addition to the response, they filed a supplement to the mandamus record. The relator filed a reply to that response on March 16, 2006, along with a motion to strike the purported supplementation of the mandamus record of the real parties in interest. The relator's motion to strike record is DENIED.
Having examined and fully considered the petition for writ of mandamus, the response of the real parties in interest, and relator's reply to response, this Court is of the opinion that the relator has not shown itself entitled to the relief sought. This Court denies the petition for writ of mandamus and lifts the stay granted on relator's emergency motion. The petition for writ of mandamus is hereby DENIED. See TEX. R. APP. P. 52.8(a).