IN RE: HUGO XAVIER DE LOS SANTOS--Appeal from County Court at Law No 2 of Nueces County

NUMBER 13-07-571-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG

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IN RE HUGO XAVIER DE LOS SANTOS

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On Petition for Writ of Mandamus
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MEMORANDUM OPINION
Before Justices Rodriguez, Benavides, and Vela
Per Curiam Memorandum Opinion (1)

Relator, Hugo Xavier De Los Santos, filed a petition for writ of mandamus and motion for emergency stay in the above cause on September 19, 2007. Relator complains that the trial court abused its discretion in setting the amount of a supersedeas bond at $23,165.14.

In the instant case, an appeal of the underlying trial proceedings has been perfected in this Court in Cause No. 13-07-502-CV. We have jurisdiction over the appeal and may review the supersedeas bond on a party's motion. See Tex. R. App. P. 24.4(a). Accordingly, it was unnecessary for relator to file a petition for writ of mandamus to challenge the supersedeas bond.

The Court, after due consideration, construes the petition for writ of mandamus as a motion to review the sufficiency or excessiveness of the amount of security ordered by the trial court, and transfers said motion to Cause No. 13-07-502-CV, along with relator's motion for emergency stay.

Having done so, the petition for writ of mandamus is DENIED. See Tex. R. App. P. 52.8(a); In re Union Pac. Res. Co., 969 S.W.2d 427, 428-29 (Tex. 1998) (relator must show it has no adequate remedy by law).

 

PER CURIAM

 

Memorandum Opinion delivered and filed

this 19th day of September, 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).