in Re Stephen A. Smith

• Court: Court of Appeals of Texas
• Decided: August 22, 2016
• Docket: 09-16-00288-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00288-CV ____________________

IN RE STEPHEN A. SMITH

_______________________________________________________ ______________

Original Proceeding 284th District Court of Montgomery County, Texas Trial Cause No. 16-07-07602-CV ________________________________________________________ _____________

ORDER

Stephen A. Smith filed a petition for writ of mandamus. The relator is the

defendant in Cause No. 16-07-07602-CV, Carl Cannon, Lisa Cannon, Mark Atkins,

Cathy Atkins, David Cannon, Val Cannon, Chris Gaskill, Cindy Gaskill, Justin

Regan, and Shannon Regan v. Stephen A. Smith. Relators seek a writ compelling the

Honorable Claudia L. Laird, sitting as a visiting judge in the 284th District Court of

Montgomery County, Texas, to vacate her pronounced order of August 17, 2016,

which disqualified Marc J. Wojciechowski and the firm of Wojciechowski &

Associates from representing Relator in the case before the trial court, and revise her

1 disqualification order to permit Marc J. Wojciechowski and the firm of

Wojciechowski & Associates to represent Smith in all matters outside the presence

of the jury. We note our jurisdiction over this matter and the parties. See Tex. Gov’t

Code Ann. § 22.221 (West 2004).

Relator requests a stay of the pronounced disqualification order and all further

proceedings in the trial court as temporary relief. See Tex. T. App. P. 52.10(a). The

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

ORDERED that the pronounced order of disqualification and all further proceedings

in Cause No. 16-07-07602-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 parties in interest, Carl Cannon, Lisa Cannon, Mark

Atkins, Cathy Atkins, David Cannon, Val Cannon, Chris Gaskill, Cindy Gaskill,

Justin Regan, and Shannon Regan, is due September 1, 2016.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED August 22, 2016.

PER CURIAM

Before McKeithen, C.J., Kreger and Johnson, JJ. 2