in Re Cunningham Lindsey Claims Management Inc., and Glends Higgins

Court of Appeals of Texas

in Re Cunningham Lindsey Claims Management Inc., and Glends Higgins

DecidedJune 25, 2009

Docket14-09-00360-CV

StatusPublished

This text of in Re Cunningham Lindsey Claims Management Inc., and Glends Higgins (in Re Cunningham Lindsey Claims Management Inc., and Glends Higgins) 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.

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in Re Cunningham Lindsey Claims Management Inc., and Glends Higgins, (Tex. Ct. App. 2009).

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Opinion

Petition for Writ of Prohibition Denied as Moot and Memorandum Opinion filed June 25, 2009

Petition for Writ of Prohibition Denied as Moot and Memorandum Opinion filed June 25, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00360-CV

IN RE CUNNINGHAM LINDSEY CLAIMS MANAGEMENT, INC.,

and GLENDA HIGGINS, Relators

ORIGINAL PROCEEDING

WRIT OF PROHIBITION

M E M O R A N D U M O P I N I O N

This original proceeding is related to an appeal from a judgment signed May 3, 2007, in cause number 2004-53229 in the 215th District Court of Harris County, Texas, styled Lloyd Snyder v. Cunningham Lindsey Claims Management, Inc., and Glenda Higgins, which was filed in this Court under our number 14-07-00449-CV. Relators filed this petition for writ of prohibition in conjunction with, and in the alternative to, their motion pursuant to Texas Rule of Appellate Procedure 24 seeking relief from proceedings in the court below to enforce the May 3, 2007, judgment. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relators also filed an emergency motion seeking temporary relief. See Tex. R. App. P. 52.10.

In their petition, relators seek to have this Court direct the trial court to vacate its March 9, 2009, order appointing an auditor and prohibit the trial court from enforcing its judgment or ordering post-judgment discovery pending our disposition of the related appeal.

Today, this Court has issued its opinion and judgment in the related appeal filed under our cause number 14-07-00449. This Court has ordered the judgment below vacated and the case dismissed with prejudice. Accordingly, the relief sought in this petition has been rendered moot.

The petition for writ of prohibit and motion for temporary relief are denied as moot.

PER CURIAM

Panel consists of Justices Yates, Guzman and Sullivan.

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Petition for Writ of Prohibition Denied as Moot and Memorandum Opinion filed June 25, 2009

Petition for Writ of Prohibition Denied as Moot and Memorandum Opinion filed June 25, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00360-CV

IN RE CUNNINGHAM LINDSEY CLAIMS MANAGEMENT, INC.,

and GLENDA HIGGINS, Relators

ORIGINAL PROCEEDING

WRIT OF PROHIBITION

M E M O R A N D U M O P I N I O N

This original proceeding is related to an appeal from a judgment signed May 3, 2007, in cause number 2004-53229 in the 215th District Court of Harris County, Texas, styled Lloyd Snyder v. Cunningham Lindsey Claims Management, Inc., and Glenda Higgins, which was filed in this Court under our number 14-07-00449-CV. Relators filed this petition for writ of prohibition in conjunction with, and in the alternative to, their motion pursuant to Texas Rule of Appellate Procedure 24 seeking relief from proceedings in the court below to enforce the May 3, 2007, judgment. See Tex. Gov=t Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52. Relators also filed an emergency motion seeking temporary relief. See Tex. R. App. P. 52.10.

In their petition, relators seek to have this Court direct the trial court to vacate its March 9, 2009, order appointing an auditor and prohibit the trial court from enforcing its judgment or ordering post-judgment discovery pending our disposition of the related appeal.

Today, this Court has issued its opinion and judgment in the related appeal filed under our cause number 14-07-00449. This Court has ordered the judgment below vacated and the case dismissed with prejudice. Accordingly, the relief sought in this petition has been rendered moot.

The petition for writ of prohibit and motion for temporary relief are denied as moot.

PER CURIAM

Panel consists of Justices Yates, Guzman and Sullivan.

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