NUMBER 13-14-00052-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE ROBERT MICHELENA
On Petition for Writ of Mandamus
and Motion for Temporary Relief.
ORDER
Before Justices Rodriguez, Garza, and Perkes
Per Curiam Order
Relator, Robert Michelena, filed a petition for writ of mandamus and motion for
temporary relief in the above cause on January 23, 2014. By order issued the following
day, this Court requested that Monica Michelena, the real party in interest, file a
response to the petition for writ of mandamus on or before the expiration of the business
day on January 31, 2014 and ordered the relator’s motion for temporary relief to be
carried with the case pending further order of the Court.
The real party in interest has now filed a motion for extension of time to file her
response to the petition for writ of mandamus. The real party seeks an extension of
thirty days to file her response. We GRANT the real party’s motion for extension of time
to file her response. Her response is now due on March 3, 2014.
By the motion for temporary relief, which was previously carried with the case,
the relator sought to stay the underlying proceedings, including the trial of this cause,
scheduled to commence on February 10, 2014. In light of the real party’s extension of
time to file her response, the Court is of the opinion that the motion for temporary relief
should be granted. Accordingly, we GRANT the relator’s motion for temporary relief
and order the trial court proceedings stayed pending further order of this Court. 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.”).
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the 3rd
day of February, 2014.
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