in Re Karen deShetler

• Court: Court of Appeals of Texas
• Decided: January 31, 2017
• Docket: 09-17-00031-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-17-00031-CV ____________________

IN RE KAREN DESHETLER

________________________________________________________________________

Original Proceeding 60th District Court of Jefferson County, Texas Trial Cause No. B-198,783 ________________________________________________________________________

ORDER

Karen deShetler filed a petition for writ of mandamus. The relator is an

intervenor in Cause No. B-198,783, Clifford “Cliff” Sponsler, et al. v. Bank of

America, et al. Relator seeks a writ compelling the Honorable Justin Gary

Sanderson, Judge of the 60th District Court of Jefferson County, Texas, to vacate

turnover orders. We note our jurisdiction over this matter and the parties. See Tex.

Gov’t Code Ann. § 22.221 (West 2004).

Relator requests that this Court stay the underlying proceedings and halt

enforcement of the turnover orders contained in a default judgment and in an order

denying motion for clarification as temporary relief. 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 turnover orders of November 22, 2016, and January

24, 2017, in Cause No. B-198,783 are STAYED until our Opinion issues or until

further order of this Court. See Tex. R. App. P. 52.10(b). It is further ordered that all

further proceedings in Cause No. B-198,783, other than proceedings to enjoin

dissipation of the funds in Merrill Lynch, Pierce, Fenner & Smith, Incorporated

account number ending in xxx-x5155, are STAYED until our Opinion issues or until

further order of this Court. Id. No bond is required of the relator as a condition to

any relief herein granted.

The response of the real parties in interest, Clifford “Cliff” Sponsler,

Individually and as Trustee of The Gene A. Sponsler Revocable Living Trust, The

Gene A. Sponsler Revocable Living Trust and Denise Sponsler, Individually and as

Successor Trustee of The Gene A. Sponsler Revocable Living Trust, is due February

10, 2017, at 5:00 p.m.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED January 31, 2017.

PER CURIAM

Before McKeithen, C.J., Kreger and Horton, JJ. 2