In Re: John Paul Hess--Appeal from County Court at Law No 2 of Nueces County

NUMBER 13-07-054-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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IN RE: JOHN PAUL HESS__________________________________________________________ ___

 
On Petition for Writ of Mandamus
and Motion for Emergency Stay

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MEMORANDUM OPINION
Before Justices Rodriguez, Garza, and Benavides
Per Curiam Memorandum Opinion (1)

Relator, John Paul Hess, filed a petition for writ of mandamus and a motion for emergency stay in the above cause on January 26, 2007. (2) The Court, having examined and fully considered the petition for writ of mandamus with appendix, the response with appendix filed by real party in interest, Donna Johnson, the reporter's record and the supplementation of the record, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

On January 26, 2007, this Court granted relator's motion for emergency stayof the trial court's orders dated January 22, 2007 and January 24, 2007, ordering production of documents identified in Exhibit A attached to real party's amended notice of intent to take Hess's oral deposition dated December 7, 2006. Having denied the petition, the stay is hereby lifted.

Furthermore, real party in interest's request for sanctions is denied.

 

PER CURIAM

 

Memorandum Opinion delivered and filed

this 8th day of February, 2007.

1. See Tex. R. App. P. 52.8(d) ("When denying relief, the court may hand down an opinion but is not required to do so."); Tex. R. App. P. 47.4 (distinguishing opinions and memorandum opinions).

2. Hugo Xavier de los Santos is also identified as a relator in this proceeding.