in Re Fluid Power Equipment, Inc., Peerless Enterprises, and Robert N. Shell

Court of Appeals of Texas·Decided September 15, 2020·No. 14-20-00577-CV·Published

Opinion

Motion GRANTED AND Order filed September 15, 2020.

In The

Fourteenth Court of Appeals

NO. 14-20-00577-CV

IN RE FLUID POWER EQUIPMENT, INC., PEERLESS ENTERPRISES, AND ROBERT N. SHELL, Relators

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

157th District Court Harris County, Texas

Trial Court Cause No. 2015-67171

ORDER

On August 20, 2020, relators Fluid Power Equipment, Inc., Peerless Enterprises, and Robert N. Shell filed a petition for writ of mandamus in this court. Relator asks this court to compel the Honorable Tanya Garrison, presiding judge of the 157th District Court of Harris County, to vacate her June 25, 2020 order

granting the motion to enforce judgment of the real party-in-interest, Deborah P. Wilson, as Independent Executrix for the Estate of John W. Wilson.

On September 14, 2020, relators filed a motion for temporary relief, asking our court to stay a turnover order that Respondent signed on September 3, 2020, which requires relators to convey title and possession of certain real property (the “turnover order”). Relators also ask us to stay all execution, attachment and collection proceedings relating to the property pending a decision on the petition for writ of mandamus. See Tex. R. App. P. 52.8(b), 52.10.

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 relator’s motion for temporary relief and issue the following order:

We ORDER the turnover order and all execution, attachment and collection proceedings relating to the property that is the subject of the turnover order STAYED until a final decision by this court on relators’ petition for writ of mandamus, or until further order of this court.

PER CURIAM

Panel consists of Justices Christopher, Jewell, and Zimmerer.

Free access — add to your briefcase to read the full text and ask questions with AI

in Re Fluid Power Equipment, Inc., Peerless Enterprises, and Robert N. Shell, (Tex. Ct. App. 2020).

in Re Fluid Power Equipment, Inc., Peerless Enterprises, and Robert N. Shell (in Re Fluid Power Equipment, Inc., Peerless Enterprises, and Robert N. Shell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.