NUMBER 13-08-00524-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE JAMES M. MAPLES AND KATHY MAPLES
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Rodriguez and Benavides
Per Curiam Memorandum Opinion1
Relators, James M. Maples and Kathy Maples, filed a petition for writ of mandamus
and motion for immediate temporary relief in the above cause on September 3, 2008. On
September 4, 2008, this Court granted the motion for immediate temporary relief and
ordered stayed the trial court’s order of August 29, 2008 setting a show cause hearing.
The Court also requested that real parties in interest, Johnny Partain and Teresa C.
Partain, file a response to relator’s petition for writ of mandamus on or before September
19, 2008. Such response has been duly filed herein.
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).
The Court, having examined and fully considered the petition for writ of mandamus
and the response thereto, is of the opinion that relators have not shown themselves
entitled to the relief sought. Accordingly, the stay of the trial court's order of August 29,
2008, is hereby ordered LIFTED and the petition for writ of mandamus is DENIED. See
TEX . R. APP. P. 52.8(a).
PER CURIAM
Memorandum Opinion delivered and
filed this 8th day of October, 2008.
2
in Re: James H. Maples and Kathy Maples
Combined Opinion