in Re Dawn Lippian

• Court: Court of Appeals of Texas
• Decided: September 25, 2015
• Docket: 14-15-00810-CV
• Status: Published

Opinion

Motion GRANTED and Order filed September 25, 2015.

In The

Fourteenth Court of Appeals ____________

NO. 14-15-00810-CV ____________

IN RE DAWN LIPPIAN, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS COUNTY COURT AT LAW NO 2 Brazoria County, Texas Trial Court Cause No. CI53247

ORDER

On September 24, 2015, relator Dawn Lippian, filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Marc Holder, Judge of the COUNTY COURT AT LAW NO 2, in Brazoria County, Texas, to set aside his order of immediate possession dated September 21, 2015, entered in trial court number CI53247, styled Quang Tran v. Dawn Lippian. Relator claims respondent abused his discretion in issuing this order because relator filed an appeal bond before entry of the order.

Relator has also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On September 24, 2015, relator asked this court to stay proceedings in the trial court pending a decision on the petition for writ of mandamus.

It appears from the facts stated in the petition and motion 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 in part and issue the following order:

We ORDER the order of immediate possession signed on September 21, 2015 in trial court cause number CI53247, Quang Tran v. Dawn Lippian, 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 Quang Tran, the real party-in-interest, to file a response to the petition for writ of mandamus on or before October 2, 2015. See Tex. R. App. P. 52.4.

PER CURIAM

Panel consists of Justices Jamison, McCally, and Wise.