In re Elvira Castano and Marcos Gonzalez--Appeal from 63rd Judicial District Court of Val Verde County
Annotate this CaseMEMORANDUM OPINION
No. 04-03-00001-CV
IN RE Elvira G. CASTANO and Marcos GonzalezOriginal Proceeding (1)
PER CURIAM
Sitting: Catherine Stone, Justice
Paul W. Green, Justice
Karen Angelini, Justice
Delivered and filed: May 7, 2003
APPLICATION FOR WRIT OF INJUNCTION DISMISSED FOR LACK OF JURISDICTION
On January 2, 2003, relators filed an application for writ of injunction, alleging the trial court abused its discretion by denying their application for supersedeas bond. On January 14, 2003, the real parties in interest filed their responses. Review of the trial court's decision on supersedeas is more properly presented as a motion in the pending related appeal. See Tex. R. App. P. 24.4; City of Fort Worth v. Johnson, 71 S.W.3d 470, 471 (Tex. App.-Waco 2002, no pet.) (reviewing appeal of supersedeas decision as Rule 24.2 motion). Accordingly, this court has determined that the relators are not entitled to the relief sought. See Becker v. Becker, 639 S.W.2d 23, 24 (Tex. App.-Houston [1st Dist.] 1982, orig. proceeding). We order that the briefs from this original proceeding be transferred to the related appeal, cause no. 04-01-00382-CV, Elvira Castano and Marcos Gonzalez v. San Felipe Agricultural, Manufacturing, & Irrigation Company, J. M. Stone, and David Bolner, for review on the merits. Relators' application for writ of injunction is dismissed for lack of jurisdiction. See Tex. R. App. P. 52.8(a).
PER CURIAM
1. This Application for Writ of Injunction or Temporary Stay of Execution on Judgment arises from trial court cause no. 21315-A, styled Elvira G. Castano v. San Felipe Agricultural, Manufacturing, & Irrigation Company, J. M. Stone, and David Bolner, in the 63rd Judicial District Court, Val Verde County, Texas, the Honorable Thomas F. Lee, judge presiding, pending on appeal in this court in cause no. 04-01-00382-CV, Elvira Castano and Marcos Gonzalez v. San Felipe Agricultural, Manufacturing, & Irrigation Company, J. M. Stone, and David Bolner.
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