in Re Thomas Avalos Jr.

• Court: Court of Appeals of Texas
• Decided: December 21, 2022
• Docket: 09-22-00428-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-22-00428-CV __________________

IN RE THOMAS AVALOS JR.

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Original Proceeding 253rd District Court of Liberty County, Texas Trial Cause No. 22DC-CV-01607 __________________________________________________________________

ORDER

Thomas Avalos Jr., 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 Trial

Cause Number 22DC-CV-01607, Fortis Construction, LLC v. Thomas Avalos Jr.

Relator seeks a writ compelling the Honorable Chap B. Cain, Judge of the 253rd

District Court of Liberty County, Texas, to dissolve a temporary restraining order.

See Tex. Gov’t Code Ann. § 22.221.

Relator requests that the temporary restraining order and all further

proceedings in the trial court be stayed while this Court considers the mandamus

1 petition. The Court finds partial temporary relief is necessary to prevent undue

prejudice. It is ORDERED that the trial court’s December 9, 2022 temporary

restraining order in Trial Cause Number 22DC-CV-01607 is STAYED to the extent

that it orders Thomas Avalos Jr. to return all construction equipment on his property

within 3 days. This Order shall remain in effect 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, Fortis Construction, LLC, is due

January 3, 2023.

MOTION FOR TEMPORARY RELIEF GRANTED IN PART.

ORDER ENTERED December 21, 2022.

PER CURIAM

Before Golemon, C.J., Kreger and Horton, JJ.