in Re Oxbow Calcining LLC

• Court: Court of Appeals of Texas
• Decided: July 20, 2018
• Docket: 09-18-00273-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-18-00273-CV ____________________

IN RE OXBOW CALCINING LLC

_______________________________________________________ ______________

Original Proceeding 172nd District Court of Jefferson County, Texas Trial Cause No. E-201894 ________________________________________________________ _____________

ORDER

Oxbow Calcining LLC filed a petition for writ of mandamus. The relator is a

defendant in Cause No. E-201894, Port Arthur Steam Energy, L.P. v. Oxbow

Calcining LLC. Relator seeks a writ compelling the Honorable Donald J. Floyd,

Judge of the 172nd District Court of Jefferson County, Texas, to vacate his order

denying relator’s motion to quash a hearing on an application for post-judgment

enforcement orders and grant the motion to quash the hearing, which is currently

1 scheduled to begin on July 23, 2018. We note our jurisdiction over this matter and

the parties. See Tex. Gov’t Code Ann. § 22.221 (West Supp. 2017).

Relator requests that the hearing in the trial court be stayed 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 hearing on the application for post-

judgment enforcement orders in Cause No. E-201894 is 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, Port Arthur Steam Energy, L.P., is

due July 30, 2018.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED July 20, 2018.

PER CURIAM

Before McKeithen, C.J., Kreger and Johnson, JJ.