in Re Kenn Goldblatt

Opinion

ACCEPTED

02-15-00311-CV

SECOND COURT OF APPEALS

FORT WORTH, TEXAS

10/5/2015 12:00:00 AM

DEBRA SPISAK

CLERK

FILED IN

2nd COURT OF APPEALS

Cause Number: 02-15-00311-CV FORT WORTH, TEXAS 10/5/2015 8:00:00 AM

IN THE COURT OF APPEALS DEBRA SPISAK Clerk

SECOND SUPREME JUDICIAL DISTRICT

FORT WORTH, TEXAS

________________________________________________________________________

IN RE: KENN GOLDBLATT, RELATOR

_______________________________________________________________________

MOTION TO STAY ALL TRIAL COURT PROCEEDINGS RELATED TO PETITION FOR WRIT OF MANDAMUS

________________________________________________________________________

KENN GOLDBLATT

5312 Woodway Drive

Fort Worth, Texas 76133

Phone: (817) 294-3600

E-mail: kenn.goldblatt@gmail.com

PRO SE

October 5, 2015

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW RELATOR KENN GOLDBLATT with this his Motion to Stay All Proceedings of Trial Court related to his Petition for Writ of Mandamus and would respectfully show the Court the following:

Relator seeks a Writ of Mandamus from actions of Respondent in:

Cause No. 153-270555-14 styled Viqui Litman, Plaintiff vs. Kenn Goldblatt, Defendant, in the 153rd District Court, Tarrant County, Texas

Actions by Respondent in refusing to follow the mandated procedure of T.R.C.P.

Rule 760 governing suits for partition in Texas have deprived Relator of his appeal rights under the applicable rule.

Because matters decided in a first partition suit decree cannot be reviewed in an appeal from the second judgment of the partition process, Relator will be deprived of appeal rights of the partition process. Marmion v. Wells, 246 S.W.2d 704 (Tex.Civ. App.- San Antonio 1952, writ ref’d) citing White v. Mitchell, 60 Tex. 164 (1883) and Ronald Vineyade v. Honerable I. J. Irvin, 855 S.W.2d 208 (Tx. Crt. App., Dist. 13, Corpus Christi 1993).

Therefore, Relator asks the Court to stay all proceedings in the trial court until the matters presented in his Petition for Writ of Mandamus have been fully and finally adjudicated by this Court.

PRAYER

Relator prays that this Court stay all proceeding in the trial court until all matters relating to his Petition for Writ of Mandamus have been fully and finally adjudicated.

Respectfully submitted,

RELATOR’S MOTION TO STAY ALL PROCEEDINGS OF TRIAL COURT Page 1 //s//Kenn Goldblatt_____________ KENN GOLDBLATT

Relator, Pro Se

5312 Woodway Drive

Fort Worth, Texas 76133

Phone: (817) 294-3600

E-mail: kenn.goldblatt@gmail.com

CERTIFICATE OF CONFERENCE

The undersigned certifies that appellate counsel for Real Party in Interest, John Wolffarth, Esq. was notified of the filing of this petition and he is opposed.

//s//Kenn Goldblatt_______________ Kenn Goldblatt

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this brief was served on Respondent, the Honorable Susan Heygood McCoy, 153rd District Court, Tim Curry Justice Center - 7th Floor 401 W. Belknap, Fort Worth, TX 76196-0225 and appellate counsel for Real Party in Interest, John R. Wolffarth, Attorney at Law, Loe, Warren, Rosenfield, Kaitcer, Hibbs, Windsor, Lawrence & Wolffarth, P.C., 4420 West Vickery Boulevard, P.O. Box 100609 Fort Worth, Texas 76185-0609, by personal delivery and e-mail by previous agreement on October 5, 2015.

//s//Kenn Goldblatt_____________ Kenn Goldblatt

RELATOR’S MOTION TO STAY ALL PROCEEDINGS OF TRIAL COURT Page 2

VERIFICATION

STATE OF TEXAS § §

COUNTY OF TA RRANT §

BEFORE ME, TH E UNDERSIGNED AUTHORITY, on thi s day appeared Kenn Goldblatt, who having been by me duly swom, upon his oath state the follow ing:

"My name is Kenn Go ldbl att. I am over the age of eighteen (18) ycn rs and am fully competent to make this affida vit. I am Relator in proceeding. 1 have read the foregoing Moti on to stay all proceeding of t1ial court related to his Petition for Writ of Mandamus and all or the facts stated therein nre true and correct and o r my personal knowledge."

SUBSCRIBED AND SWORN TO B FORE ME on October 5 2015.

ii

RELATOR'S MOTION TO STAY ALL PROCEEDINGS OF TRIAL COURT Pnge3