in Re: Bishop Lifting Products, Inc.

NUMBER 13-09-00658-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: BISHOP LIFTING PRODUCTS, INC.

On Petition for Writ of Mandamus

and Request for Temporary Relief

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Yañez and Vela

Memorandum Opinion Per Curiam ⁽¹⁾

On December 8, 2009, relator, Bishop Lifting Products, Inc., filed a petition for writ of mandamus by which it requests this Court to direct respondent, the Honorable Rudy Delgado, presiding judge of the 93rd Judicial District Court of Hidalgo County, Texas, to grant its motion to compel arbitration. Relator also filed a request for emergency temporary relief, which sought to stay a December 14, 2009 trial setting. See Tex. R. App. P. 52.10(a).

The Court, having examined and fully considered the petition for writ of mandamus and the papers on file, ⁽²⁾ is of the opinion that relator has not shown itself entitled to the relief sought and the petition for writ of mandamus should be denied. See Tex. R. App. P. 52.8(a). Accordingly, the request for emergency temporary relief and the petition for writ of mandamus are DENIED.

Per Curiam

Delivered and filed

the 9th day of December, 2009.

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. We note that the mandamus record was not indexed. See Tex. R. App. P. 52.7 (providing that any party who files materials for inclusion in the record must provide an "index listing the materials filed and describing them in sufficient detail to identify them."). In our sole discretion, we chose not to strike the petition.