in Re Joe Wayne Sutherland, Rodney Matocha and Tammye Duckworth as Independent Co-Executors of the Estate of Hilbur A. Mason and as Independent Co-Administrators With Will Annexed of the Estate of Beatrice J. Mason

CourtCourt of Appeals of Texas
DecidedJune 14, 2022
Docket04-22-00331-CV
StatusPublished

This text of in Re Joe Wayne Sutherland, Rodney Matocha and Tammye Duckworth as Independent Co-Executors of the Estate of Hilbur A. Mason and as Independent Co-Administrators With Will Annexed of the Estate of Beatrice J. Mason (in Re Joe Wayne Sutherland, Rodney Matocha and Tammye Duckworth as Independent Co-Executors of the Estate of Hilbur A. Mason and as Independent Co-Administrators With Will Annexed of the Estate of Beatrice J. Mason) 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.

Bluebook
in Re Joe Wayne Sutherland, Rodney Matocha and Tammye Duckworth as Independent Co-Executors of the Estate of Hilbur A. Mason and as Independent Co-Administrators With Will Annexed of the Estate of Beatrice J. Mason, (Tex. Ct. App. 2022).

Opinion

Fourth Court of Appeals San Antonio, Texas June 14, 2022

No. 04-22-00331-CV

IN RE Joe Wayne SUTHERLAND, Rodney Matocha and Tammye Duckworth as Independent Co-Executors of the Estate of Hilbur A. Mason and as Independent Co-Administrators with Will Annexed of the Estate of Beatrice J. Mason,

From the 218th Judicial District Court, Karnes County, Texas Trial Court No. 20-01-00010-CVK Honorable Russell Wilson, Judge Presiding

Original Mandamus Proceeding

ORDER

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Beth Watkins, Justice

On June 2, 2022, relators filed a petition for writ of mandamus and an emergency motion for stay pending final resolution of the petition for writ of mandamus. On June 6, 2022, real party in interest filed a response to relators’ emergency motion for stay. After considering relators’ petition, emergency motion for stay, and real party in interest’s response to relators’ emergency motion, this court believes a serious question concerning the mandamus relief sought requires further consideration. See TEX. R. APP. P. 52.8(b). The respondent and the real parties in interest may file a response to the petition in this court on or before June 29, 2022. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

We GRANT the emergency motion for stay relief as follows:

1. All proceedings in the Karnes County District Court are STAYED pending further orders of this court.

2. The trial court’s “Order Granting Injunction and Writ of Prohibition” signed on February 28, 2022, is STAYED pending further orders of this court. It is so ORDERED on June 14, 2022.

PER CURIAM

ATTESTED TO: ______________________________ MICHAEL A. CRUZ, Clerk of Court

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Bluebook (online)
in Re Joe Wayne Sutherland, Rodney Matocha and Tammye Duckworth as Independent Co-Executors of the Estate of Hilbur A. Mason and as Independent Co-Administrators With Will Annexed of the Estate of Beatrice J. Mason, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joe-wayne-sutherland-rodney-matocha-and-tammye-duckworth-as-texapp-2022.