in Re City of Beaumont, Kenneth R. Williams, in His Official Capacity as City Manager, and Earl White, in His Official Capacity as Fire Chief
This text of in Re City of Beaumont, Kenneth R. Williams, in His Official Capacity as City Manager, and Earl White, in His Official Capacity as Fire Chief (in Re City of Beaumont, Kenneth R. Williams, in His Official Capacity as City Manager, and Earl White, in His Official Capacity as Fire Chief) 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
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-23-00011-CV __________________
IN RE CITY OF BEAUMONT, KENNETH R. WILLIAMS, IN HIS OFFICIAL CAPACITY AS CITY MANAGER, AND EARL WHITE, IN HIS OFFICIAL CAPACITY AS FIRE CHIEF
__________________________________________________________________
Original Proceeding 136th District Court of Jefferson County, Texas Trial Cause No. D-210950 __________________________________________________________________
ORDER
The City of Beaumont, Kenneth R. Williams, in his official capacity as City
Manager, and Earl White, in his official capacity as Fire Chief, Relators, filed a
petition for a writ of mandamus. See Tex. R. App. P. 52. Relators are defendants in
Trial Cause Number D-210950, International Association of Firefighters Local 399
v. The City of Beaumont, Kenneth R. Williams, in his official capacity as City
Manager, and Earl White, in his official capacity as Fire Chief. Relators seek a writ
compelling the Honorable Baylor Wortham, Judge of the 136th District Court of
1 Jefferson County, Texas, to dissolve a temporary restraining order, and prohibit the
trial court from taking any action in Trial Cause Number D-210950 that would
effectively enforce the judgment in Trial Cause Number B-210244, a judgment that
Relators have appealed in Appeal Number 09-22-00413-CV. See Tex. Gov’t Code
Ann. § 22.221.
Relators’ mandamus petition seeks mandamus relief and asks for emergency
relief from a temporary injunction hearing which is set for January 13, 2023. The
Court finds temporary relief is necessary to avoid undue prejudice and to protect the
Court’s jurisdiction. It is ORDERED that all further proceedings in Trial Cause
Number D-210950, including any hearing on a temporary restraining order or
temporary injunction, are STAYED until our opinion issues in this original
proceeding or until further order of this Court. See Tex. R. App. P. 52.10(b). No
bond is required of Relators as a condition to any relief herein granted.
The response of the Real Party in Interest, International Association of
Firefighters Local 399, is due January 23, 2023.
TEMPORARY RELIEF GRANTED.
ORDER ENTERED January 12, 2023.
PER CURIAM
Before Golemon, C.J., Horton and Johnson, JJ.
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