in Re Joyce M. Hutcherson, Rudolph J. Pusok and Jimmie R. Pusok

CourtCourt of Appeals of Texas
DecidedJune 3, 2016
Docket14-16-00433-CV
StatusPublished

This text of in Re Joyce M. Hutcherson, Rudolph J. Pusok and Jimmie R. Pusok (in Re Joyce M. Hutcherson, Rudolph J. Pusok and Jimmie R. Pusok) 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 Joyce M. Hutcherson, Rudolph J. Pusok and Jimmie R. Pusok, (Tex. Ct. App. 2016).

Opinion

Motion DENIED and Order filed June 3, 2016.

In The

Fourteenth Court of Appeals ____________

NO. 14-16-00433-CV ____________

IN RE JOYCE M. HUTCHERSON, RUDOLPH J. PUSOK AND JIMMIE R. PUSOK, Relators

ORIGINAL PROCEEDING WRIT OF MANDAMUS County Civil Court at Law No. 4 Harris County, Texas Trial Court Cause No. 1059926

ORDER

On May 31, 2016, relators Joyce M. Hutcherson, Rudolph J. Pusok and Jimmie R. Pusok, filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable Roberta Lloyd, Judge of the County Civil Court at Law No. 4, in Harris County, Texas, to vacate her order dated April 25, 2016, entered

1 in trial court number 1059926, styled Harris County v. Joyce M. Hutcherson, et. al. denying relators’ motion to enforce a Rule 11 scheduling agreement. Relators requested the trial court to strike the “Second Amended Original Petition in Condemnation” filed on March 25, 2016, as untimely under the agreement. Relators claim the respondent abused her discretion by issuing this order and not striking the amended petition.

The court requests Harris County, the real party-in-interest, to file a response to the petition for writ of mandamus on or before June 17, 2016. See Tex. R. App. P. 52.4.

Relators’ petition for writ of mandamus also includes a motion for temporary relief in which relators ask this court to stay proceedings in the trial court pending a decision on the petition. See Tex. R. App. P. 52.8(b), 52.10. We DENY relators’ motion because relators have not shown that they sought a stay of the summary judgment proceeding or any other proceeding from the trial court and that the trial court denied such relief.

PER CURIAM

Panel consists of Chief Justice Frost and Justices McCally and Brown.

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Bluebook (online)
in Re Joyce M. Hutcherson, Rudolph J. Pusok and Jimmie R. Pusok, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joyce-m-hutcherson-rudolph-j-pusok-and-jimmie-r-pusok-texapp-2016.