in Re Jarod Johnson

• Court: Court of Appeals of Texas
• Decided: February 15, 2018
• Docket: 09-18-00064-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00064-CV ____________________

IN RE JAROD JOHNSON

________________________________________________________________________

Original Proceeding 136th District Court of Jefferson County, Texas Trial Cause No. D-199,594 ________________________________________________________________________

ORDER

Jarod Johnson filed a petition for writ of mandamus. The relator is a defendant

in Cause No. D-199,594, Holly D. Johnson v. Refractory Construction Services Co.,

LLC, et al. Relator seeks a writ compelling the Judge of the 136th District Court of

Jefferson County, Texas, to vacate orders signed on January 16, 2018, and January

24, 2018, which severed the plaintiff’s claims against the several defendants and

transferred the plaintiff’s claims against three of the defendants to two counties but

retained the plaintiff’s claims against Relator in Jefferson County. We note our

jurisdiction over this matter and the parties. See Tex. Gov’t Code Ann. § 22.221

(West Supp. 2017).

As temporary relief, Relator requests a stay of the trial court’s orders severing

the cause and transferring the severed causes to different counties. See Tex. R. App.

P. 52.10(a). The Court finds temporary relief is necessary to prevent undue

prejudice. It is ORDERED that the trial court’s orders of severance and transfer

signed in Cause No. D-199,594, and severing the cause into Cause No. D-199,594,

D-199,594-A, and D-199,594-B, 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 responses of the real parties in interest, Holly D. Johnson, Refractory

Construction Services Co., Inc., BesTest, Inc., and Joshua Alan Jordan, are due

February 26, 2018.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED February 15, 2018.

PER CURIAM

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