NUMBER 13-13-00430-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE GLORIA LONGORIA
On Petition for Writ of Mandamus.
MEMORANDUM OPINION
Before Chief Justice Valdez and Justices Garza and Perkes
Memorandum Opinion Per Curiam1
On August 5, 2013, relator, Gloria Longoria, filed a petition for writ of mandamus
seeking to compel the trial court to withdraw an order granting summary judgment in
favor of real party in interest, RG Options, LLC in a forcible detainer action on grounds
the order is void. By motion for immediate temporary relief, relator sought to stay any
writs of possession issued as a result of the void judgment. By order issued that same
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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. When granting relief, the court must hand down an opinion as in any other case.”);
see id. R. 47.4 (distinguishing opinions and memorandum opinions).
day, this Court granted the motion for immediate temporary relief and stayed any writs
of possession issued as a result of the summary judgment. The Court requested and
received a response to the petition for writ of mandamus from real party in interest, RG
Options, LLC.
The Court, having examined and fully considered the petition for writ of
mandamus, the response thereto, and the applicable law, is of the opinion that relator
has not established her right to the relief sought. See, e.g., Harrell v. Citizens Bank &
Trust Co., 296 S.W.3d 321, 326–27 (Tex. App.—Texarkana 2009, pet. dism’d);
Dormady v. Dinero Land & Cattle Co., 61 S.W.3d 555, 557–58 (Tex. App.—San Antonio
2001, pet. dism'd w.o.j.). 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
Delivered and filed the 3rd
day of September, 2013.
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