In re Omni Hotels Management Corporation and Omni Hotels Franchising Company, L.L.C.--Appeal from Probate Court No. 1 of Tarrant County

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-03-365-CV

IN RE OMNI HOTELS MANAGEMENT

CORPORATION AND

OMNI HOTELS FRANCHISING

COMPANY, L.L.C.

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FROM PROBATE COURT NO. ONE OF TARRANT COUNTY

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MEMORANDUM OPINION // AND JUDGMENT

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Relators filed an emergency motion to stay certain proceedings in the trial court. // They did not file a petition seeking extraordinary relief, // although they claim in the motion that they will file a petition for mandamus later. An appellate court cannot grant temporary relief under rule 52.10 unless an original proceeding has first been filed. // Implicit in rule 52.10 is the necessity for a petition to be filed before our court can grant emergency relief. // At this point, there is no controversy before this court. //

We therefore dismiss Relators emergency motion for want of jurisdiction without prejudice to refiling it if and when an original proceeding is actually commenced. //

PER CURIAM

PANEL B: DAUPHINOT and HOLMAN, JJ.

DELIVERED: December 18, 2003