








NUMBER 13-04-403-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG
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IN RE SOUTHWESTERN BELL TELEPHONE COMPANY, L.P.  
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On Petition for Writ of Mandamus
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MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Garza 
Per Curiam Memorandum Opinion


         Relator, Southwestern Bell Telephone Company, L.P., filed a motion for
temporary relief and petition for writ of mandamus in the above cause on August 5, 
2004.  That same day, the Court granted the motion for temporary relief and
requested a response from the real parties in interest.  The real parties in interest have
filed a response and a motion for sanctions, and relator has filed a reply.
         The Court, having examined and fully considered the petition for writ of
mandamus and the response, 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 of the trial court proceedings is hereby ordered
LIFTED.  The petition for writ of mandamus is DENIED. 
         Real parties in interest have moved for sanctions against relator on each of the
grounds specified in Texas Rule of Appellate Procedure 52.11.  See Tex. R. App. P.
52.11.  We have carefully considered the motion for sanctions.  Based on our review
of the pleadings and record, we find the motion is not frivolous.  Nevertheless, the
motion, as it pertains to this original proceeding, is DENIED.  We are confident that the
trial court will take any steps deemed necessary to ensure that the parties and their
counsel strictly comply with their ethical and professional obligations in further
proceedings below.    
                                                                        PER CURIAM


Memorandum Opinion delivered and filed
this 19th day of October, 2004.
