Petition for Writ of Mandamus Denied and Memorandum Opinion filed March 10, 2005.
In The
Fourteenth Court of Appeals
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NO. 14-05-00170-CV
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IN RE LEONARD M. McCOLLUM, Relator
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ORIGINAL PROCEEDING
WRIT OF MANDAMUS
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M E M O R A N D U M O P I N I O N
On February 17, 2005, Leonard M. McCollum filed a Request for Temporary Relief and Motion to Stay. The document contains argument and citation to authority, seeking a stay of trial court proceedings pending our determination of Athe pending Application for Writ of Mandamus.@ No petition for writ of mandamus was filed.
Real party has filed a response, arguing that the motion should be denied because no petition for writ of mandamus has been filed, and alternatively, that even if a petition had been filed, mandamus is not the appropriate remedy.
We agree with real party=s assertion that the motion should be denied. Absent the filing of a petition for writ of mandamus in accordance with Rule 52.3, we are unable to grant extraordinary relief. Accordingly, we deny relator=s motion for temporary relief and motion to stay.
PER CURIAM
Petition Denied and Memorandum Opinion filed March 10, 2005.
Panel consists of Justices Yates, Anderson, and Hudson.