Opinion
No. 13-05-067-CV
Memorandum Opinion delivered and filed March 14, 2005.
On Petition for Writ of Mandamus.
Before Justices HINOJOSA, RODRIGUEZ, and WITTIG.
Retired Fourteenth Court of Appeals Justice Don Wittig assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to the government code. See Tex. Gov't Code Ann. § 74.003 (Vernon Supp. 2004).
MEMORANDUM OPINION
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).
Relator, Griffith Land Services, Inc., filed a petition for writ of mandamus on February 2, 2005, and a motion for emergency temporary relief on February 11, 2005. On February 11, 2004, this Court granted the motion for emergency relief and ordered any and all trial proceedings stayed pending further order of this Court. Pursuant to this Court's request, the real parties in interest, William Saguto, Jr., Lawrence Saguto, Donald L. Ruehman, and Robert J. Ruehman, Jr., filed a response to the petition on February 22, 2005, after seeking and receiving an extension of time. Both relator and real parties have subsequently filed additional briefing.
The Court, having examined and fully considered the petition for writ of mandamus and all associated briefing, 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. Accordingly, the stay is hereby ordered LIFTED. The petition for writ of mandamus is DENIED.