in Re Duane T. Corley

• Court: Court of Appeals of Texas
• Decided: May 6, 2021
• Docket: 09-21-00095-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00095-CV __________________

IN RE DUANE T. CORLEY __________________________________________________________________

Original Proceeding County Court at Law No. 2 of Montgomery County, Texas Trial Cause No. 19-12-16524-CV __________________________________________________________________

MEMORANDUM OPINION

Relator Duane T. Corley filed a petition for writ of mandamus. Corley is the

plaintiff in cause number 19-12-16524-CV, styled Duane T. Corley v. Jamie

Fernandez and Charles Ciaramitaro. Corley seeks a writ compelling the Honorable

Claudia Laird, Judge of the County Court at Law No. 2, to set aside her order

granting the motion for new trial filed by the real parties in interest, Jamie Fernandez

and Charles Ciaramitaro. We note our jurisdiction over this matter and the parties.

See Tex. Gov’t Code Ann. § 22.221.

Relator alleges that if further proceedings occur in the trial court before the

issues raised in the petition can be resolved, such proceedings might interfere with

1 this Court’s ability to meaningfully review the trial court’s order and will cause

relator to incur additional attorney’s fees. The Court finds temporary relief is

necessary to prevent undue prejudice. It is ORDERED that all further proceedings

in cause number 19-12-16524-CV are STAYED until our Opinion issues or until

further order of this Court. See Tex. R. App. P. 52.10(b). No bond is required of the

relator as a condition to any relief herein granted. The response of the real parties in

interest to the petition for writ of mandamus is due on May 17, 2021.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED May 6, 2021.

PER CURIAM

Before Golemon, C.J., Horton and Johnson, JJ.