in Re Colonel Clifton Hoskins, Individually and as Independent of the Estate of Hazel Hoskins
This text of in Re Colonel Clifton Hoskins, Individually and as Independent of the Estate of Hazel Hoskins (in Re Colonel Clifton Hoskins, Individually and as Independent of the Estate of Hazel Hoskins) 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
NUMBER 13-18-00296-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
IN RE COLONEL CLIFTON HOSKINS, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF HAZEL HOSKINS
On Petition for Writ of Mandamus.
ORDER
Before Chief Justice Valdez and Justices Rodriguez and Benavides Order Per Curiam
Relator Colonel Clifton Hoskins, individually and as independent executor of the
estate of Hazel Hoskins, filed a petition for writ of mandamus and motion for temporary
relief in the above cause on June 12, 2018. Through this original proceeding, relator
seeks to compel the trial court to vacate its April 5, 2018 order denying relator’s amended
motion for partial summary judgment and to grant the motion, or alternatively, to compel
the trial court to vacate its May 10, 2018 order denying permission to appeal the summary
judgment order and to grant permission to appeal. Through his motion for temporary relief, relator seeks to stay the trial court proceedings pending resolution of this original
proceeding.
The Court, having examined and fully considered the motion for temporary relief,
is of the opinion that the motion should be granted. We grant the motion for temporary
relief and order all trial court proceeding to be 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, Marcus P. Rogers, receiver for the
Marital Deduction Trust and the Residuary Trust created under the Last Will and
Testament of Lee Roy “Cowboy” Hoskins Sr., or any others whose interest would be
directly affected by the relief sought, 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. 52.2, 52.4,
52.8.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed this 13th day of June, 2018.
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