IN RE: GRIFFITH LAND SERVICES, INC.--Appeal from 139th District Court of Hidalgo County

NUMBER 13-05-067-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

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IN RE GRIFFITH LAND SERVICES, INC.

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On Petition for Writ of Mandamus _______________________________________________________

MEMORANDUM OPINION

Before Justices Hinojosa, Rodriguez, and Wittig //

Per Curiam Memorandum Opinion //

Relator, Griffith Land Services, Inc., filed a petition for writ of mandamus on February 2, 2005, and a motion for emergency temporary relief on February 11, 2005. On February 11, 2004, this Court granted the motion for emergency relief and ordered any and all trial proceedings stayed pending further order of this Court. Pursuant to this Court s request, the real parties in interest, William Saguto, Jr., Lawrence Saguto, Donald L. Ruehman, and Robert J. Ruehman, Jr., filed a response to the petition on February 22, 2005, after seeking and receiving an extension of time. Both relator and real parties have subsequently filed additional briefing.

The Court, having examined and fully considered the petition for writ of mandamus and all associated briefing, is of the opinion that relator has not shown itself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8. Accordingly, the stay is hereby ordered LIFTED. The petition for writ of mandamus is DENIED.

PER CURIAM

Memorandum Opinion delivered and filed

this 14th day of March, 2005.