In re Cosentino

Full title: IN RE: JAMES COSENTINO

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

Date published: May 17, 2010

No. 13-10-00202-CV (Tex. App. May. 17, 2010)

Opinion

No. 13-10-00202-CV

Delivered and filed May 17, 2010.

On Petition for Writ of Mandamus.

Before Justices YAÑEZ, RODRIGUEZ, and GARZA.

MEMORANDUM OPINION

Memorandum Opinion Per Curiam[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).

Relator, James Cosentino, filed a petition for writ of mandamus in the above cause on April 9, 2010. On April 13, 2010, the Court entered an order directing the real party in interest, Sally Peters, to file a response to the petition for writ of mandamus. Subsequently, the real party in interest requested and received an extension of time to file her response, and such response was duly filed on May 3, 2010. On May 11, 2010, relator filed a reply to this response, and on May 12, 2010, relator further filed an "Emergency Motion for Stay and for Injunctive Relief against Real Party in Interest."

The Court, having examined and fully considered the petition for writ of mandamus, the response, and the reply thereto, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, the petition for writ of mandamus and "Emergency Motion for Stay and for Injunctive Relief" are DENIED. See Tex. R. App. P. 52.8(a).