In re Hershey

Full title: IN RE: J. MICHAEL HERSHEY

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

Date published: Feb 22, 2006

No. 13-06-052-CV (Tex. App. Feb. 22, 2006)

Opinion

No. 13-06-052-CV

Memorandum Opinion Delivered and Filed February 22, 2006.

On Petition for Writs of Mandamus and Prohibition.

Before Justices HINOJOSA, YAÑEZ, and CASTILLO.

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).

On February 6, 2006, relator, J. Michael Hershey, filed a petition for writs of mandamus and prohibition, in which he requested this Court to direct the Respondent, the Honorable Daniel R. Sklar, presiding judge of the 329th Judicial District Court of Wharton County, Texas, to withdraw his (1) Supplemental Order of Partition and (2) Amended Order on Motion to Require the Parties to Pay Expenses. Relator also requested that this Court employ the writ of prohibition to prohibit Respondent from (1) proceeding under the Supplemental Order of Partition or the Supplemental Report of Commissioners and (2) taxing costs disproportionately against Relator.

Real parties-in-interest filed a preliminary response on February 17, 2006. The Court, having examined and fully considered the petition for writs of mandamus and prohibition and the preliminary response, is of the opinion that relator's petition should be denied. Accordingly, relator's petition for writs of mandamus and prohibition is DENIED.²

2 See TEX. R. APP. P. 52.8(a).