in Re Carolyn Casterline

Opinion

NUMBER 13-13-00708-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE CAROLYN CASTERLINE

On Petition for Writ of Mandamus and Motion for Emergency Temporary Relief.

ORDER Before Chief Justice Valdez and Justices Benavides and Longoria Per Curiam Order

Relator, Carolyn Casterline, filed a petition for writ of mandamus and motion for

emergency temporary relief in the above cause on December 20, 2013. Relator

contends that the trial court abused its discretion by granting a motion to reconsider and

reopen an expedited foreclosure proceeding after it had already denied the application

for expedited foreclosure. See TEX. R. CIV. P. 736.8(c).

The Court, having examined and fully considered the motion for emergency

temporary relief, is of the opinion that said motion should be granted. The motion for emergency relief is hereby GRANTED, and the trial court’s order of October 18, 2013

and all foreclosure proceedings, including but not limited to the foreclosure sale set for

January 7, 2014, are ordered STAYED pending further order of this Court, or until the

case is finally decided. See TEX. R. APP. P. 52.10(b) (“Unless vacated or modified, an

order granting temporary relief is effective until the case is finally decided.”). The Court

requests that the real party in interest, OneWest Bank, FSB, or any other persons or

entities whose interest would be directly affected by the relief sought, by and through

counsel, file a response to the petition for writ of mandamus on or before the expiration

of ten days from the date of this order. See id. R. 52.4, 52.8.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 23rd day of December, 2013.