IN RE: JANET RAE LOEHR--Appeal from County Court at Law of Aransas County

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NUMBER 13-08-00563-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE: JANET RAE LOEHR On Petition for Writ of Mandamus and Writ of Prohibition. MEMORANDUM OPINION Before Chief Justice Valdez and Justices Rodriguez and Garza Per Curiam Memorandum Opinion1 On October 1, 2008, relator, Janet Rae Loehr, filed a petition seeking a writ of mandamus and writ of prohibition ordering the trial court to set aside a post-judgment order in a divorce case. Relator further filed a motion for emergency relief and abatement of the trial court proceedings. That same day, the Court dismissed as moot the motion for 1 See T EX . R. A PP . P. 52.8(d) ( W hen denying relief, the court m ay hand down an opinion but is not required to do so. ); T EX . R. A PP . P. 47.4 (distinguishing opinions and m em orandum opinions). emergency relief and requested that the real party in interest, Roland Loehr, file a response to the petition within ten days.2 The response was duly filed on October 14, 2008. The Court, having examined and fully considered the petition for writ of mandamus and for writ of prohibition and the response thereto, is of the opinion that relator has not shown herself entitled to the relief sought. Accordingly, the petition for writs of mandamus and prohibition is DENIED. See TEX . R. APP. P. 52.8(a). PER CURIAM Memorandum Opinion delivered and filed this 15th day of October, 2008. 2 Relator also sought em ergency relief in her appeal of the trial court s judgm ent in appellate cause 13-08-00380-CV. In that m atter, the Court granted the m otion, in part, and stayed the trial court's tem porary order of Septem ber 26, 2008, and denied the m otion, in part, as to all other relief requested by appellant. 2

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