in Re Amelia v. Kelly

• Court: Court of Appeals of Texas
• Decided: October 3, 2014
• Docket: 14-14-00789-CV
• Status: Published

Opinion

Motion Granted and Order filed October 3, 2014.

In The

Fourteenth Court of Appeals ____________

NO. 14-14-00789-CV ____________

IN RE AMELIA V. KELLY, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 122nd District Court Galveston County, Texas Trial Court Cause No. 11CV0325

ORDER

On October 1, 2014, relator Amelia V. Kelly filed a petition for writ of mandamus in this court. See Tex. Gov’t Code § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable John Ellisor, presiding judge of the 122nd District Court, Galveston County, to vacate three orders pertaining to a motion by the real party in interest to enforce the final judgment in the underlying litigation by foreclosure of relator’s real property. This court has requested that real party in interest Matthew D. Wiggins, Jr. file a response to the petition for writ of mandamus on or before October 20, 2014. See Tex. R. App. P. 52.4.

Relator also has filed with this court a motion for temporary relief. See Tex. R. App. P. 52.8(b), 52.10. On October 1, 2014, relator asked this court to stay enforcement of one of the challenged orders in which the trial court ordered foreclosure of the subject property and a corresponding Sheriff’s sale of the property.

It appears from the facts stated in the petition and motion that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator’s motion and issue the following order:

We ORDER any enforcement of the trial court’s order of judicial foreclosure dated June 23, 2014 in trial court cause number 11CV0325, styled Amelia V. Kelly v. Matthew D. Wiggins, Jr. and D.L. Hammaker, including any sale of the subject property by the Sheriff of Galveston County, STAYED pending consideration by this court of the real party in interest’s response to relator’s petition for writ of mandamus, or until further order of this court.

PER CURIAM

Panel consists of Justices Boyce, Jamison, and Donovan.