in Re BBX Operating, LLC

• Court: Court of Appeals of Texas
• Decided: March 16, 2017
• Docket: 09-17-00079-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-17-00079-CV ________________

IN RE BBX OPERATING, LLC __________________________________________________________________

Original Proceeding 1st District Court of Jasper County, Texas Trial Cause No. 35,155 __________________________________________________________________

ORDER

Relator, BBX Operating, LLC, filed a petition for writ of mandamus and a

motion for emergency relief. The relator seeks a writ compelling the Honorable

Craig Mixson, Judge of the 1st District Court of Jasper County, Texas, to vacate his

orders of January 24, 2017, and March 1, 2017, which require BBX to make certain

payments pursuant to a Rule 11 agreement. We note our jurisdiction over this matter

and the parties. See Tex. Gov’t Code Ann. § 22.221 (West 2004).

The Court finds that temporary relief is necessary to protect its jurisdiction of

this matter. It is ORDERED that the trial court’s orders of January 24, 2017, and

March 1, 2017, are STAYED until our opinion issues or until further order of this 1 Court. See Tex. R. App. P. 52.10(b). No bond is required of the relator as a condition

to any relief herein granted.

The response of the real parties in interest is due to be filed on or before

Monday, March 27, 2017.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED March 16, 2017.

PER CURIAM

Before McKeithen, C.J., Kreger and Johnson, JJ.