in Re Plains Capital Bank

Opinion

Order entered May 13, 2021

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-20-00765-CV

IN RE PLAINSCAPITAL BANK, Relator

Original Proceeding from the 134th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-16-07601

ORDER

Before Justices Pedersen, Carlyle, and Garcia

Based on the Court’s opinion of this date, we CONDITIONALLY GRANT relator’s petition for writ of mandamus. We ORDER the trial judge (1) to vacate his August 6, 2020 order granting real parties’ Motion to Remove Case from Jury Docket and Re-Set as Non-Jury Trial (the “Motion”), (2) to deny the Motion, and (3) to return the case to the jury trial docket. We further ORDER the trial judge to file with this Court within fifteen (15) days of the date of this order, a certified copy of his order issued in compliance with this order. Should the trial court fail to comply with this order, the writ will issue.

/Bill Pedersen, III/ BILL PEDERSEN, III JUSTICE