

 





 NUMBER 13-07-054-CV


COURT OF APPEALS


THIRTEENTH DISTRICT OF TEXAS


CORPUS CHRISTI - EDINBURG

_________________________________________________________  _______  


IN RE: JOHN PAUL HESS__________________________________________________________  ___      


On Petition for Writ of Mandamus

and Motion for Emergency Stay

_________________________________________________________ __  ___    
  
MEMORANDUM OPINION


Before Justices Rodriguez, Garza, and Benavides

Per Curiam Memorandum Opinion (1)


 Relator, John Paul Hess, filed a petition for writ of mandamus and a motion for
emergency stay in the above cause on January 26, 2007. (2) The Court, having
examined and fully considered the petition for writ of mandamus with appendix, the
response with appendix filed by real party in interest, Donna Johnson, the reporter's
record and the supplementation of the record, is of the opinion that relator has not
shown himself entitled to the relief sought.  Accordingly, relator's petition for writ of
mandamus is denied.  See Tex. R. App. P. 52.8(a).
	On January 26, 2007, this Court granted relator's motion for emergency stay
of the trial court's orders dated January 22, 2007 and January 24, 2007, ordering
production of documents identified in Exhibit A attached to real party's amended
notice of intent to take Hess's oral deposition dated December 7, 2006.  Having
denied the petition, the stay is hereby lifted.
	Furthermore, real party in interest's request for sanctions is denied.

									PER CURIAM

Memorandum Opinion delivered and filed
this 8th day of February, 2007.
1.  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).
2. Hugo Xavier de los Santos is also identified as a relator in this proceeding.
