IN RE: jon bowman (2010)

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

MEMORANDUM OPINION1

The court has considered Relator's petition for writ of mandamus and emergency motion for stay and Real Party in Interest Christina's Mexican Restaurant Flower Mound Private Club, Inc. and Artis Partnership, L.P.'s response and is of the opinion that all relief should be denied.   Accordingly, this court's October 20, 2010 stay is lifted and Relator's petition for writ of mandamus and motion for stay are denied.

The court has also considered Christina's emergency motion for temporary relief and is of the opinion that the motion should be denied as moot.   Accordingly, Christina's emergency motion for temporary relief is denied.

Relator shall pay all costs of this original proceeding, for which let execution issue.

PANEL:  LIVINGSTON, C.J.;   DAUPHINOT and MCCOY, JJ.

DELIVERED:  November 3, 2010

FOOTNOTES

FN1. See Tex.R.App. P. 47.4., 52.8(d)..  FN1. See Tex.R.App. P. 47.4., 52.8(d).