in Re: Jose Guerra Velasco and Entretenimiento Matamoros, S. A. De C v.

NUMBER 13-08-00423-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG IN RE JOSE GUERRA VELASCO AND ENTRETENIMIENTO MATAMOROS, S.A. DE C.V. On Petition for Writ of Mandamus MEMORANDUM OPINION Before Chief Justice Valdez and Justices Yañez and Benavides Memorandum Opinion Per Curiam1 Relators, Jose Guerra Velasco and Entretenimiento Matamoros, S.A. de C.V., filed a petition for writ of mandamus and an emergency motion for temporary relief in the above cause on July 3, 2008. The Court granted the emergency motion, stayed the underlying proceedings, and requested a response from the real party in interest, Henley Entertainment, Inc. 1 See T EX . R . A PP . P . 5 2 .8 (d ) (“W hen denying relief, the court m ay hand dow n an opinion but is not required to do so.”); T EX . R . A PP . P . 47.4 (distinguishing opinions and m em orandum opinions). Henley Entertainment, Inc., filed a motion for extension of time to file its response, which we herein GRANT, and accordingly, such response was duly filed on July 15, 2008. The Court, having examined and fully considered the petition for writ of mandamus and response thereto, is of the opinion that relators have not shown themselves entitled to the relief sought. See In re Pirelli Tire, L.L.C., 247 S.W.3d 670, 675 (Tex. 2007) (orig. proceeding); see also Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 508 (1947). Accordingly, the stay previously imposed by this Court is LIFTED. See TEX . R. APP. P. 52.10(b) ("Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided."). The petition for writ of mandamus is DENIED. See id. 52.8(a). PER CURIAM Memorandum Opinion delivered and filed this the 4th day of August, 2008. 2