Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00286-CV
Alberto TREVINO, III and Eloisa Trevino-Yglecias,
Appellants
v.
Gloria Lopez TREVINO, Individually, and on behalf of the Estate of Alberto Trevino,
Ethelina Gloria Lopez TREVINO, Individually, and on Behalf of the Estate of Alberto Trevino,
Jr.,
Appellee
From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 8,257
Honorable Jose A. Lopez, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: August 21, 2013
REVERSED AND RENDERED, TEMPORARY INJUNCTION DISSOLVED
Appellants Alberto Trevino, III and Eloisa Trevino-Yglecias bring this interlocutory appeal
challenging the trial court’s order granting a temporary injunction. Based on this court’s opinion
in a related mandamus proceeding, we reverse the judgment of the trial court and render judgment
dissolving the temporary injunction. See In re the Estate of Alberto Trevino, Jr., No. 04-13-00404-
CV (Tex. App.—San Antonio Aug. 21, 2013) (orig. proceeding), issued simultaneously with this
opinion.
04-13-00286-CV
On June 24, 2013, relator Alberto Trevino, III filed a petition for writ of mandamus
complaining of the trial court’s order transferring the underlying probate proceeding from the
constitutional county court in Zapata County to the 49th Judicial District Court in Zapata County.
This court concluded that the county court abused its discretion in transferring the underlying
probate proceeding to the district court before a matter in the proceeding had become contested.
We further held that the district court’s subsequent orders were void. We thus conditionally
granted relator’s petition for writ of mandamus and returned the cause to the constitutional county
court in Zapata County for further proceedings. See In re the Estate of Alberto Trevino, Jr., No.
04-13-00404-CV.
Accordingly, we hold that the district court acted without jurisdiction in granting the
temporary injunction at issue in this interlocutory appeal, and therefore the order granting
temporary injunction is void. The trial court’s order granting the temporary injunction is reversed,
and judgment is rendered dissolving the temporary injunction. The motion for temporary orders
filed by appellee on July 15, 2013 is denied as moot.
PER CURIAM
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