in Re Dojo Bay House, LLC

• Court: Court of Appeals of Texas
• Decided: March 26, 2021
• Docket: 14-21-00154-CV
• Status: Published

Opinion

Motion Granted and Order filed March 26, 2021

In The

Fourteenth Court of Appeals ____________

NO. 14-21-00154-CV ____________

IN RE DOJO BAY HOUSE, LLC, Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 151st District Court Harris County, Texas Trial Court Cause No. 2019-60692

ORDER

On March 23, 2021, relator, Dojo Bay House, LLC (“Dojo”) filed a petition for writ of mandamus. See Tex. Gov't Code Ann. § 22.221. Dojo asks this Court to order the Honorable Mike Engelhart, Judge of the 151st District Court, Harris County, Texas, to set aside his order granting the motion to strike Dojo’s amended petition filed by real parties in interest Hoover Slovacek, LLP (“HS”) and Patrick Drake (“Drake”) or his order denying Dojo’s motion to consolidate.

Contemporaneously with its petition for writ of mandamus, Dojo filed an emergency motion for temporary relief. See Tex. R. App. P. 52.10. Tomball’s motion asks that this court stay the trial, which is set for April 5, 2021. Dojo certified that HS and Drake are unopposed to the relief requested in the motion.

It appears from the facts stated in the petition that Dojo’s request for relief requires further consideration and that Dojo will be prejudiced unless immediate temporary relief is granted. See Tex. R. App. p. 52.8(b), 52.10. Therefore, Dojo’s emergency motion is granted, and the trial is stayed. This order is effective until final decision by this court of Dojo’s petition for writ of mandamus, or until further order of this court. See Tex. R. App. P. 52.10(b).

The court requests a response from HS and Drake to Dojo’s petition for writ of mandamus. The response is due on or before Monday, April 5, 2021.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Spain and Wilson.