Opinion
No. 13-07-571-CV
Opinion delivered and filed September 19, 2007.
On Petition for Writ of Mandamus.
Before Justices RODRIGUEZ, BENAVIDES, and VELA.
MEMORANDUM OPINION
Relator, Hugo Xavier De Los Santos, filed a petition for writ of mandamus and motion for emergency stay in the above cause on September 19, 2007. Relator complains that the trial court abused its discretion in setting the amount of a supersedeas bond at $23,165.14.
In the instant case, an appeal of the underlying trial proceedings has been perfected in this Court in Cause No. 13-07-502-CV. We have jurisdiction over the appeal and may review the supersedeas bond on a party's motion. See TEX. R. APP. P. 24.4(a). Accordingly, it was unnecessary for relator to file a petition for writ of mandamus to challenge the supersedeas bond.
The Court, after due consideration, construes the petition for writ of mandamus as a motion to review the sufficiency or excessiveness of the amount of security ordered by the trial court, and transfers said motion to Cause No. 13-07-502-CV, along with relator's motion for emergency stay.
Having done so, the petition for writ of mandamus is DENIED. See TEX. R. APP. P. 52.8(a); In re Union Pac. Res. Co., 969 S.W.2d 427, 428-29 (Tex. 1998) (relator must show it has no adequate remedy by law).