in Re L & S Pro-Line, LLC and Lee Burkett

• Court: Court of Appeals of Texas
• Decided: June 24, 2021
• Docket: 09-21-00174-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-21-00174-CV __________________

IN RE L & S PRO-LINE, LLC AND LEE BURKETT

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Original Proceeding 457th District Court of Montgomery County, Texas Trial Cause No. 18-06-07704-CV __________________________________________________________________

ORDER

L & S Pro-Line, LLC and Lee Burkett, Relators, filed a petition for a writ of

mandamus or prohibition and a motion for temporary relief. See Tex. R. App. P. 52.

Relators allege that they filed notice of appeal from the trial court’s judgment in

Trial Cause Number 18-06-07704-CV, L & S Pro-Line, LLC, et al. v. Garrett

Gagliano, et al. Relators seek a writ compelling the Honorable Vince Santini, Judge

of the 457th District Court of Montgomery County, Texas, to cancel hearings on

motions to enforce a superseded judgment. See Tex. Gov’t Code Ann. § 22.221.

1 Relators request that all further proceedings in the trial court be stayed while

this Court considers the mandamus petition. The Court finds temporary relief is

necessary to prevent undue prejudice. It is ORDERED that all further trial court

proceedings in Trial Cause Number 18-06-07704-CV are STAYED until our opinion

issues or until further order of this Court. See Tex. R. App. P. 52.10(b). No bond is

required of Relators as a condition to any relief herein granted.

The response of the Real Parties in Interest, Garrett Gagliano, Snook

Holdings, LLC, and Tactical Automation, Inc., is due July 6, 2021.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED June 24, 2021.

PER CURIAM

Before Golemon, C.J., Kreger and Horton, JJ.