City of Dallas v. in Re: Heather Russell

Opinion

Order entered October 26, 2018

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00289-CV

IN RE CITY OF DALLAS, Relator and

CITY OF DALLAS, Appellant V.

HEATHER RUSSELL, Appellee

On Original Proceeding and Appeal from the 68th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-17-16097

ORDER

Before Justices Lang, Fillmore and Schenck

Based on the Court’s opinion of this date in this consolidated petition for writ of mandamus, and interlocutory appeal and appeal, we CONDITIONALLY GRANT relator’s petition for writ of mandamus.

We DIRECT the trial judge of the 68th Judicial District Court, Dallas County, Texas, to issue an order vacating the portion of its March 8, 2018 order granting Heather Russell’s rule 202 petition as to the City of Dallas.

We ORDER the trial judge to file with this Court, within thirty (30) days of the date of this order, a certified copy of the order issued in compliance with this order. Should the trial judge fail to comply with this order, the writ will issue.

/s/ DOUGLAS S. LANG

JUSTICE