In Re: Calvin G. Dence and East End Lumber Company--Appeal from of County

   NUMBER 13-06-193-CV

   COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

  CORPUS CHRISTI  - EDINBURG

IN RE: CALVIN G. DENCE AND EAST END LUMBER COMPANY

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

  MEMORANDUM OPINION 

Before Justices Hinojosa, Ya ez, and Garza

Memorandum Opinion Per Curiam

On April 25, 2006, relators, Calvin G. Dence and East End Lumber Company, filed a petition for writ of mandamus with this Court. Relators= petition for writ of mandamus asks this Court to order the Respondents, Scarlet Swoboda, City Secretary for the City of Victoria, Texas, and George Matthews, Victoria County Elections Administrator, to refrain from using all ballots that have been prepared for the May 13, 2006 Election and to prepare new ballots that do not contain a vote on a referendum on Ordinance 2006-2, adding Section 10-30 to the Victoria City Code. In addition, relators have filed a motion for emergency relief, asking this Court to order a stay so as to maintain the status quo during the pendency of this original proceeding, to immediately refrain from using all ballots that have been prepared for the May 13, 2006 Election, to prepare new ballots that do not contain a vote on a referendum on Ordinance 2006-2, adding Section 10-30 to the Victoria City Code, and to order respondents to file a response to relators= petition for writ of mandamus.

The Court, having examined and fully considered the relators= motion for emergency relief and petition for writ of mandamus, is of the opinion that relators have not shown themselves entitled to the relief sought and the motion for emergency relief and petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8. Accordingly, the motion for emergency relief and petition for writ of mandamus are hereby DENIED.

PER CURIAM

Memorandum Opinion delivered and

filed this the 26th day of April, 2006.