in Re City of Houston

• Court: Court of Appeals of Texas
• Decided: September 26, 2012
• Docket: 14-12-00861-CV
• Status: Published

Opinion

Motion for Emergency Stay Granted and Order filed September 26, 2012.

[pic]

In The

Fourteenth Court of Appeals

NO. 14-12-00861-CV

In Re City of Houston, Relator

ORIGINAL PROCEEDING WRIT OF Mandamus On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 921541

ORDER

On September 20, 2012, relator, the City of Houston, filed a petition for writ of mandamus in this court. See Tex. Gov’t Code §22.221; see also Tex. R. App. P. 52. In the petition, relator asks this court to compel the Honorable Linda Storey, the presiding judge of Harris County County Civil Court at Law No. 3, to grant its motion to compel discovery from the real party in interest, Memorial Estate Builders, LLC. Relator also filed an emergency motion to stay the trial scheduled to commence October 1, 2012. See Tex. R. App. P. 52.8(b), 52.10. The court requested a response to the motion, which was filed September 25, 2012.

It appears from the facts stated in the petition that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator’s motion and ORDER the trial scheduled to commence October 1, 2012, in trial court cause number 921541, styled Memorial Estate Builders, LLC v. City of Houston, in Harris County Civil Court at Law No. 3 STAYED until a final decision by this court on relator’s petition for writ of mandamus, or until further order of this court.

In addition, the court requests the real party in interest, Memorial Estate Builders, LLC, to file a response to the petition for writ of mandamus on or before October 12, 2012.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Brown and Busby.