In re Raul Sergio Cantu--Appeal from 225th Judicial District Court of Bexar County

heading for mandamus MEMORANDUM OPINION
No. 04-03-00572-CV
IN RE Raul Sergio CANTU
Original Mandamus Proceeding (1)

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Paul W. Green, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: August 13, 2003

MOTION FOR EMERGENCY RELIEF DENIED; PETITION FOR WRIT OF MANDAMUS DENIED

On July 29, 2003, relator filed a motion for emergency relief and a petition for writ of mandamus, alleging the trial court abused its discretion by entering temporary orders requiring him to pay interim spousal support, attorney's fees, and expert fees. Relator also alleges the trial court abused its discretion by abating the entry of a scheduling order until the interim fees are paid. This court has determined that the relator is not entitled to the relief sought. Accordingly, relator's petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a). The motion for emergency relief is denied. Relator shall pay all costs incurred in this proceeding.

PER CURIAM

1. This proceeding arises out of Cause No. 2001-CI-17941, styled In the Matter of the Marriage of Maria Elena Cantu and Raul Sergio Cantu and v. The Raul S. Cantu Family Limited Partnership, et. al., pending in the 225th Judicial District Court, Bexar County, Texas, the Honorable John L. Specia, presiding. Relator complains of the Order on Motion for Temporary Support and Other Relief signed by the Honorable Barbara Nellermoe and the Order Abating Entry of Scheduling Order signed by the Honorable John L. Specia.