in Re Candice Hinton

• Court: Court of Appeals of Texas
• Decided: April 27, 2017
• Docket: 01-17-00302-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In re Candice Hinton, Relator

Appellate case number: 01-17-00302-CV

Trial court case number: 2010-06089

Trial court: 507th District Court of Harris County

On April 25, 2017, relator, Candice Hinton, filed a petition for writ of mandamus seeking to vacate the respondent trial judge’s oral ruling, made at a hearing held on March 22, 2017, denying her Amended Motion to Remove the Amicus Attorney. Relator has included an appendix with her petition. See TEX. R. APP. P. 52.7. With the petition, relator also filed an emergency motion for temporary relief seeking a stay of all proceedings in the district court or to stay the May 15, 2017 trial date, pending disposition of this petition, with the required certificate of compliance. See TEX. R. APP. P. 52.10(a). Relator claims that she is unable to file a complete mandamus petition until after the hearing record is completed and an order is entered. On April 26, 2017, relator filed a second supplemental appendix to her emergency motion attaching the reporter’s record for the March 22, 2017 hearing. See id. 52.7(a)(2). Accordingly, the Court grants, in part, the relator’s motion and ORDERS that the May 15, 2017 trial date is stayed. See id. 52.10(b). This stay is effective until the petition in this Court is finally decided or this Court otherwise orders the stay lifted. See id. Any party may file a motion for reconsideration of the stay. See id. 52.10(c). Finally, the Court requests a response to the petition for writ of mandamus by any real party in interest. See TEX. R. APP. P. 52.8(b)(1). The response, if any, shall be filed within 30 days from the date of this order. See id. 2, 52.4.

It is so ORDERED. Judge’s signature: /s/ Laura Carter Higley  Acting individually Date: April 27, 2017