in Re Siluria (Assignment for the Benefit of Creditors), LLC

• Court: Court of Appeals of Texas
• Decided: August 31, 2022
• Docket: 09-22-00280-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-22-00280-CV __________________

IN RE SILURIA (ASSIGNMENT FOR THE BENEFIT OF CREDITORS), LLC

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Original Proceeding 284th District Court of Montgomery County, Texas Trial Cause No. 21-03-03166-CV __________________________________________________________________

ORDER

In Re Siluria (assignment for the benefit of creditors), LLC, Relator, filed a

petition for a writ of mandamus and a motion for temporary relief. See Tex. R. App.

P. 52. Relator is a defendant in an interpleader action filed in Trial Cause Number

21-03-03166-CV, styled Stibbs & Co., PC v. Lummus Technology LLC and Siluria

(Assignment for the Benefit of Creditors), LLC. Relator seeks a writ compelling the

Honorable Kristin Bays, Judge of the 284th District Court of Montgomery County,

Texas, to vacate an order denying a motion to quash a jury demand and grant the

motion to quash. See Tex. Gov’t Code Ann. § 22.221.

1 Relator requests that the jury trial 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 the jury trial in Trial Cause Number

21-03-03166 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 Relator as a condition to any

relief herein granted.

The response of the Real Party in Interest, Lummus Technology LLC, is due

September 12, 2022.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED August 31, 2022.

PER CURIAM

Before Kreger, Horton and Johnson, JJ.