in Re: Mario Gilberto Canales

Summarize
Check Treatment

Related Cases







NUMBER 13-08-00605-CV



COURT OF APPEALS



THIRTEENTH DISTRICT OF TEXAS



CORPUS CHRISTI - EDINBURG



IN RE MARIO GILBERTO CANALES

On Emergency Motion to Stay November 3, 2008 Trial and

Petition for Writ of Mandamus.



MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides

Memorandum Opinion Per Curiam (1)



Relator, Mario Gilberto Canales, filed an emergency motion to stay and a petition for writ of mandamus in the above cause on October 27, 2008, arguing that the trial court lacks subject matter jurisdiction in this divorce and child custody case. (2) The Court, having examined and fully considered the petition for writ of mandamus, is of the opinion that relator has not shown himself entitled to the relief sought. Accordingly, the emergency motion to stay and the petition for writ of mandamus are DENIED. See Tex. R. App. P. 52.8(a).

PER CURIAM



Memorandum Opinion delivered and

filed this 27th day of October, 2008.



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).

2. This Court has previously considered and denied a similar petition for writ of mandamus filed by relator through which he argued that the trial court lacked jurisdiction, and accordingly, abused its discretion in denying relator's special appearance and plea in abatement. See in re Canales, No. 13-08-00384-CV, 2008 Tex. App. LEXIS 6360, at *1 (Tex. App.-Corpus Christi Aug. 15, 2008, orig. proceeding) (per curiam) (mem. op.).