in Re Wendy Hernandez
This text of in Re Wendy Hernandez (in Re Wendy Hernandez) 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.
Opinion
COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: In re Wendy Hernandez Appellate case number: 01-22-00658-CV Trial court case number: 21-DCV-288227 Trial court: 328th District Court of Fort Bend County On September 12, 2022, relator, Wendy Hernandez, filed a petition for writ of mandamus arguing that the trial court abused its discretion by entering an August 26, 2022 “Temporary Order,” because (1) the trial court lacked jurisdiction “to issue an order of immediate possession of real property,” and (2) the trial court’s August 26, 2022 order is a temporary injunction that is “void on its face” as it “fails to provide for provisions for the posting of a bond.” In connection with her mandamus petition, Hernandez filed an “Emergency Motion to Stay Temporary Injunction,” requesting that this Court “issue an emergency stay” of the trial court’s August 26, 2022 Temporary Order pending our review of her petition for writ of mandamus. Hernandez’s emergency motion to stay is denied. We further request a response to the petition for writ of mandamus from real parties in interest, Diana Castano and Miguel Reyes. The response(s), if any, is due to be filed with this Court no later than twenty days of the date of this order. It is so ORDERED.
Judge’s signature: /s/ April Farris X Acting individually Acting for the Court
Date: September 14, 2022
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
in Re Wendy Hernandez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-wendy-hernandez-texapp-2022.