in Re: Charles Stanley Churchwell, Jr., Trustee of the Christopher J. Merlo Revocable Trust
This text of in Re: Charles Stanley Churchwell, Jr., Trustee of the Christopher J. Merlo Revocable Trust (in Re: Charles Stanley Churchwell, Jr., Trustee of the Christopher J. Merlo Revocable Trust) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Order entered August 22, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-22-00747-CV
IN RE CHARLES STANLEY CHURCHWELL, JR., TRUSTEE OF THE CHRISTOPHER J. MERLO REVOCABLE TRUST, Relator
Original Proceeding from Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-03799-2
ORDER Before Justices Molberg, Pedersen, III, and Garcia Before the Court is relator’s August 1, 2022 petition for writ of mandamus
challenging the probate court’s (1) May 10, 2022 Order Appointing Guardian ad
Litem, (2) June 10, 2022 Order Denying the Motion to Set Aside Order Appointing
Guardian ad Litem and Amended Order Appointing Guardian ad Litem and
Expanding Powers, and (3) July 15, 2022 Order Granting Motion to Compel
Statutory Accounting. Also before the Court is relator’s August 2, 2022 Motion for
Temporary Relief where relator requests a stay of the July 15, 2022 Order Granting
Motion to Compel Statutory Accounting. On August 10, 2022, we requested that real parties in interest and respondent
file a response, if any, to (1) relator’s Motion for Temporary Relief by August 15,
2022, and (2) relator’s petition for writ of mandamus by August 17, 2022, with
respect to relator’s challenges to the probate court’s July 15, 2022 Order Granting
Motion to Compel Statutory Accounting.
On August 15, 2022, real parties in interest independent executor Mark
Merlo and guardian ad litem Don D. Ford III (Ford) each filed responses to
relator’s Motion for Temporary Relief. On August 18, 2022, real party in interest
Ford filed a Motion to Extend Time to File Response to Petition for Writ of
Mandamus where Ford requests a two-week extension of his deadline to file a
response to relator’s petition for writ of mandamus.
After considering relator’s Motion for Temporary Relief and the responses
thereto, we GRANT the motion and STAY the trial court’s July 15, 2022 Order
Granting Motion to Compel Statutory Accounting pending resolution of this
original proceeding. We further GRANT real party in interest Ford’s Motion to
Extend Time to File Response to Petition for Writ of Mandamus; the response shall
be filed by August 31, 2022.
/s/ DENNISE GARCIA JUSTICE
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