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In re Rodriguez

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Feb 16, 2006
No. 13-05-414-CV (Tex. App. Feb. 16, 2006)

Opinion

No. 13-05-414-CV

Memorandum Opinion Delivered and Filed February 16, 2006.

On Petition for Writ of Mandamus and Motion for Emergency Temporary Relief.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and GARZA.


MEMORANDUM OPINION


On June 30, 2005, relator, Frank S. Rodriguez, filed a petition for writ of mandamus with this Court in which he alleges that on June 2, 2005, the respondent, the Honorable Thomas F. Greenwell, Presiding Judge of the 319th District Court of Nueces County, Texas, denied his motion to modify protective order and entered an Order of Income Withholding for Spousal Support. Relator's petition for writ of mandamus asks this Court to order the respondent to vacate the June 2, 2005 orders. In addition, relator filed a motion for emergency relief, asking this Court to order a stay of the Order of Income Withholding for Spousal Support. This Court stayed all proceedings in cause number 04-386-G and requested a response from the real party in interest. On July 12, 2005, counsel for the real party in interest filed a motion for extension of time to file response. On July 28, 2005, this Court granted the motion and extended the time to respond to August 12, 2005. On August 28, 2005, counsel for the real party in interest filed a motion to withdraw as counsel. On September 15, 2005, real party in interest filed a pro se motion for extension of time to file response. On September 21, 2005, this Court granted the motion and extended the time to respond to October 24, 2005. To date, no response has been filed by the real party in interest.

Having examined and fully considered the petition for writ of mandamus, this Court is of the opinion that the relator has not shown himself entitled to the relief sought. This Court denies the petition for writ of mandamus and lifts the stay granted on relator's emergency motion. In addition, the motion to withdraw as counsel is granted. The petition for writ of mandamus is hereby DENIED. See TEX. R. APP. P. 52.8(a).


Summaries of

In re Rodriguez

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Feb 16, 2006
No. 13-05-414-CV (Tex. App. Feb. 16, 2006)
Case details for

In re Rodriguez

Case Details

Full title:IN RE: FRANK S. RODRIGUEZ

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

Date published: Feb 16, 2006

Citations

No. 13-05-414-CV (Tex. App. Feb. 16, 2006)