IN RE: JAMES COSENTINO--Appeal from County Court at Law No 1 of Hidalgo County

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NUMBER 13-10-00202-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE: JAMES COSENTINO On Petition for Writ of Mandamus. MEMORANDUM OPINION Before Justices Yañez, Rodriguez, and Garza Memorandum Opinion Per Curiam1 Relator, James Cosentino, filed a petition for writ of mandamus in the above cause on April 9, 2010. On April 13, 2010, the Court entered an order directing the real party in interest, Sally Peters, to file a response to the petition for writ of mandamus. Subsequently, the real party in interest requested and received an extension of time to file her response, and such response was duly filed on May 3, 2010. On May 11, 2010, relator filed a reply to this response, and on May 12, 2010, relator further filed an Emergency Motion for Stay and for Injunctive Relief against Real Party in Interest. 1 See T EX . R . A PP . P . 5 2 .8 (d ) ( W hen denying relief, the court m ay hand dow n an opinio n but is not required to do so. ); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). The Court, having examined and fully considered the petition for writ of mandamus, the response, and the reply thereto, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, the petition for writ of mandamus and Emergency Motion for Stay and for Injunctive Relief are DENIED. See TEX . R. APP. P. 52.8(a). PER CURIAM Delivered and filed the 17th day of May, 2010. 2

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