in Re Lakeside Resort JV, LLC D/B/A Margaritaville Resort Lake Conroe

• Court: Court of Appeals of Texas
• Decided: November 2, 2022
• Docket: 09-22-00345-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00345-CV ___________________

IN RE LAKESIDE RESORT JV, LLC D/B/A/ MARGARITAVILLE RESORT LAKE CONROE __________________________________________________________________

Original Proceeding 457th District Court of Montgomery County, Texas Trial Cause No. 21-12-16463-CV __________________________________________________________________

ORDER

Relator, Lakeside Resort JV, LLC d/b/a Margaritaville Resort Lake Conroe,

filed a petition for writ of mandamus challenging the finality of the trial court’s

February 4, 2020 Final Default Judgment. We note our jurisdiction over this matter

and the parties. See Tex. Gov’t Code Ann. § 22.221.

Relator filed an Emergency Motion for Temporary Stay, alleging that

prejudice will result if execution efforts on the trial court’s February 4, 2020 Default

Judgment are not stayed before the issues raised in the petition for writ of mandamus

can be resolved.

1 The Court finds temporary relief is necessary to prevent undue prejudice. It is

ORDERED that all further execution efforts on the February 4, 2020 Final Default

Judgment in Cause No. 21-12-16463-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 the relator as a condition to any relief herein granted.

The response of the Real Party in Interest, Kellie Stanley Mendez, is due

November 14, 2022.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED November 2, 2022.

PER CURIAM

Before Kreger, Horton and Johnson, JJ.