Opinion
No. 04-13-00625-CV
11-01-2013
Original Mandamus Proceeding
This proceeding arises out of Cause No. 2009-CI-05744, styled Gregory Halprin, et al. v. First National Bank, et al., pending in the 438th Judicial District Court, Bexar County, Texas, the Honorable Gloria Saldaña presiding.
ORDER
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
On September 13, 2013, relator First National Bank filed a petition for writ of mandamus and motion for emergency stay. On September 17, 2013, this court issued an order granting the requested emergency stay and requesting a response to the petition for writ of mandamus. The court has considered the petition for writ of mandamus and the responses filed on behalf of the real parties in interest and is of the opinion that relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a).
On October 8, 2013, relator filed an unopposed motion to substitute the Federal Deposit Insurance Corporation, as Receiver for First National Bank, for First National Bank as relator in this original proceeding. Relator's motion is GRANTED. The emergency stay previously ordered by this court is LIFTED. The court's opinion will issue at a later date.
It is so ORDERED on November 1st, 2013.
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1 day of November, 2013.
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Keith E. Hottle
Clerk of Court