IN RE: CYNTHIA DE LA PAZ--Appeal from 105th District Court of Nueces County

NUMBER 13-05-494-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI- EDINBURG

IN RE: CYNTHIA DE LA PAZ

  On Petition for Writ of Mandamus

MEMORANDUM OPINION

Before Justices Ya ez, Castillo, and Garza

Per Curiam Memorandum Opinion

On July 29, 2005, relator, Cynthia de la Paz, filed a petition for writ of mandamus in which she requested this Court to direct the Respondent, the Honorable J. Manuel Ba ales, presiding judge of the 105th Judicial District Court of Nueces County, Texas, to (1) dissolve his temporary restraining order dated July 26, 2005 in trial court cause No. 96-2612-D and (2) return relator=s children to her residence, care, custody, and control. Relator also filed a request for temporary emergency relief in which she requested this Court to dissolve the July 26, 2005 temporary restraining order and compel the return of her children pending a full evidentiary hearing in the trial court.

On July 29, 2005, this Court denied relator=s request for emergency relief and requested a response by the real party-in-interest, Sergio Franco, Sr.

On August 3, 2005, real party-in-interest filed a response to relator=s petition. The Court, having examined and fully considered the petition for writ of mandamus, the response, and documents on file, is of the opinion that relator has not shown herself entitled to the relief sought. Accordingly, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a).

Per Curiam

Memorandum Opinion delivered and filed

this 4th day of August, 2005.