Opinion
No. 14-05-00170-CV
Memorandum Opinion Filed March 10, 2005.
Original Proceeding Writ of Mandamus.
Petition for Writ of Mandamus Denied.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
On February 17, 2005, Leonard M. McCollum filed a Request for Temporary Relief and Motion to Stay. The document contains argument and citation to authority, seeking a stay of trial court proceedings pending our determination of "the pending Application for Writ of Mandamus." No petition for writ of mandamus was filed.
Real party has filed a response, arguing that the motion should be denied because no petition for writ of mandamus has been filed, and alternatively, that even if a petition had been filed, mandamus is not the appropriate remedy.
We agree with real party's assertion that the motion should be denied. Absent the filing of a petition for writ of mandamus in accordance with Rule 52.3, we are unable to grant extraordinary relief. Accordingly, we deny relator's motion for temporary relief and motion to stay.