In Re Josie Lin v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 14, 2025
• Docket: 01-25-00018-CV
• Status: Published

Opinion

Opinion issued January 14, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00018-CV ——————————— IN RE CHENG-CHING LIN A/K/A JOSIE LIN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION Relator, Cheng-Ching Lin, also known as Josie Lin, filed a petition for writ of

mandamus challenging two trial court orders, dated January 8, 2025, including an

“Order Granting Motion to Compel” in favor of real party in interest, Eastern JV

Holdings, LLC, in its individual capacity and derivately on behalf of United Max

Katy II, LLC (“Eastern”), as well as an “Order Granting Motion to Compel” in favor of real parties in interest, Peter Hsieh and Karen Hsieh.1 Relator further asserted that

the trial court erred by refusing to rule on relator’s “Opposed Motion for

Continuance of January 8, 2025 Hearing on [Eastern’s] Expedited Motion to Compel

Production of Company Documents and Books and Records” and relator’s “Motion

for Protection from [Eastern’s] First Request for Production to [Relator].”

Relator requested that this Court grant her petition for writ of mandamus and

direct the trial court to vacate the trial court’s January 8, 2025 discovery orders.

In connection with her mandamus petition, relator also filed an “Emergency

Motion for Temporary Relief.” In her motion, relator requested that the Court stay

enforcement of the trial court’s January 8, 2025 discovery orders pending this

Court’s consideration of her petition for writ of mandamus.

We conclude that relator has failed to establish she is entitled to mandamus

relief, and therefore, the Court denies relator’s petition for writ of mandamus and

her “Emergency Motion for Temporary Relief.” We dismiss any other pending

motions as moot.

PER CURIAM

Panel consists of Justices Guerra, Caughey, and Morgan.

1 The underlying case is Eastern JV Holdings, LLC, in its individual capacity and derivatively on behalf of United Max Katy II, LLC v. Cheng-Ching Lin, also known as Josie Lin, Cause No. 2024-63354, in the 113th District Court of Harris County, Texas, the Honorable Rabeea Sultan Collier presiding.