in Re R. Wayne Johnson

CourtCourt of Appeals of Texas
DecidedSeptember 19, 2018
Docket04-18-00641-CV
StatusPublished

This text of in Re R. Wayne Johnson (in Re R. Wayne Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in Re R. Wayne Johnson, (Tex. Ct. App. 2018).

Opinion

Fourth Court of Appeals San Antonio, Texas September 19, 2018

No. 04-18-00641-CV

IN RE R. Wayne JOHNSON

Original Mandamus Proceeding1

ORDER

Sitting: Karen Angelini, Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice

In this mandamus proceeding, relator complains of the trial court’s failure to rule on his pending motions. On August 27, 2018, the United States Attorney, on behalf of one of the defendants in the underlying case, filed a Notice of Removal, stating the case underlying this proceeding was removed to the United States District Court for the Southern District of Texas, Laredo Division.

“Once removal is effected, ‘the State court shall proceed no further unless and until the case is remanded.’” Meyerland Co. v. F.D.I.C., 848 S.W.2d 82, 83 (Tex. 1993) (quoting 28 U.S.C. § 1446(d)) (order). Accordingly, we ORDER this mandamus proceeding abated and removed from the court’s active docket; it will be reinstated upon the filing of a certified copy of a remand order.

It is so ORDERED on September 19, 2018.

PER CURIAM

ATTESTED TO: ___________________________________ Keith E. Hottle, Clerk of Court

1 This proceeding arises out of Cause No. 2018CVK001331D3, styled R. Wayne Johnson v. Peter O'Rourke, et al., pending in the 341st Judicial District Court, Webb County, Texas, the Honorable Rebecca Ramirez Palomo presiding.

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Related

Meyerland Co. v. Federal Deposit Insurance Corp.
848 S.W.2d 82 (Texas Supreme Court, 1993)

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Bluebook (online)
in Re R. Wayne Johnson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-r-wayne-johnson-texapp-2018.