In re Elvira Castano and Marcos Gonzalez--Appeal from 63rd Judicial District Court of Val Verde County

MEMORANDUM OPINION

No. 04-03-00001-CV

Original 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.