in Re Elizabeth Thomas, Albert Perry III. Catrice Henry, Alvin R. Mullen II

Court of Appeals of Texas

in Re Elizabeth Thomas, Albert Perry III. Catrice Henry, Alvin R. Mullen II

DecidedJuly 3, 2018

Docket14-18-00539-CV

StatusPublished

This text of in Re Elizabeth Thomas, Albert Perry III. Catrice Henry, Alvin R. Mullen II (in Re Elizabeth Thomas, Albert Perry III. Catrice Henry, Alvin R. Mullen II) 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 Elizabeth Thomas, Albert Perry III. Catrice Henry, Alvin R. Mullen II, (Tex. Ct. App. 2018).

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Opinion

Motion GRANTED and Order filed July 3, 2018.

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00539-CV ____________

IN RE ELIZABETH THOMAS, ALBERT PERRY III, CATRICE HENRY, AND ALVIN R. MULLEN II, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 127th District Court Harris County, Texas Trial Court Cause No. 2017-82388

ORDER

On July 2, 2018, relators Elizabeth Thomas, Albert Perry III, Catrice Henry, and Alvin R. Mullen II, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable R.K. Sandill, Judge of the 127th District Court, in Harris County, Texas, to set aside his “Order on Plaintiff Elizabeth Thomas’ Purported ‘Notice of Removal’” dated June 18, 2018, entered in trial court number 2017-82388, styled Elizabeth Thomas, et al. v. Michael J. Pizzitola, Jr., et al. Relator claims respondent did not have the authority to enter the order because the case had been removed to federal court.

Relator also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. Relators ask 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 relators’ request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators’ motion and issue the following order:

We ORDER all proceedings in trial court cause number 2017-82388, Elizabeth Thomas, et al. v. Michael J. Pizzitola, Jr., et al., STAYED until a final decision by this court on relators’ petition for writ of mandamus, or until further order of this court.

In addition, the court requests real parties-in-interest, to file a response to the petition for writ of mandamus on or before July 17, 2018. See Tex. R. App. P. 52.4.

PER CURIAM

The panel consists of Justices Donovan, Brown, and Jewell.

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Motion GRANTED and Order filed July 3, 2018.

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00539-CV ____________

IN RE ELIZABETH THOMAS, ALBERT PERRY III, CATRICE HENRY, AND ALVIN R. MULLEN II, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS 127th District Court Harris County, Texas Trial Court Cause No. 2017-82388

ORDER

On July 2, 2018, relators Elizabeth Thomas, Albert Perry III, Catrice Henry, and Alvin R. Mullen II, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable R.K. Sandill, Judge of the 127th District Court, in Harris County, Texas, to set aside his “Order on Plaintiff Elizabeth Thomas’ Purported ‘Notice of Removal’” dated June 18, 2018, entered in trial court number 2017-82388, styled Elizabeth Thomas, et al. v. Michael J. Pizzitola, Jr., et al. Relator claims respondent did not have the authority to enter the order because the case had been removed to federal court.

Relator also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. Relators ask 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 relators’ request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators’ motion and issue the following order:

We ORDER all proceedings in trial court cause number 2017-82388, Elizabeth Thomas, et al. v. Michael J. Pizzitola, Jr., et al., STAYED until a final decision by this court on relators’ petition for writ of mandamus, or until further order of this court.

In addition, the court requests real parties-in-interest, to file a response to the petition for writ of mandamus on or before July 17, 2018. See Tex. R. App. P. 52.4.

PER CURIAM

The panel consists of Justices Donovan, Brown, and Jewell.

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in Re Elizabeth Thomas, Albert Perry III. Catrice Henry, Alvin R. Mullen II, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-elizabeth-thomas-albert-perry-iii-catrice-henry-alvin-r-mullen-ii-texapp-2018.