in Re Westin Homes of Texas, LTD. and Westin Homes and Properties L.P.

• Court: Court of Appeals of Texas
• Decided: March 8, 2022
• Docket: 09-22-00068-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-22-00068-CV __________________

IN RE WESTIN HOMES OF TEXAS, LTD. AND WESTIN HOMES AND PROPERTIES L.P.

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Original Proceeding 457th District Court of Montgomery County, Texas Trial Cause No. 20-05-05983-CV __________________________________________________________________

ORDER

Westin Homes of Texas, LTD. and Westin Homes and Properties L.P.,

Relators, filed a petition for a writ of mandamus and a motion for temporary relief.

See Tex. R. App. P. 52. Relators are defendants in Trial Cause Number 20-05-05983-

CV, Daniel Barnett and Christina Barnett v. Westin Homes of Texas, Ltd. and

Westin Homes and Properties L.P. Relators seek a writ compelling the Honorable

Vincenzo J. Santini, Judge of the 457th District Court of Montgomery County,

Texas, to vacate his January 17, 2022 Order on Plaintiffs’ Motion for Sanctions. See

Tex. Gov’t Code Ann. § 22.221.

1 Relators request that all further proceedings 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 further trial court

proceedings in Trial Cause Number 20-05-05983-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 Relators as a condition to any relief herein granted.

The response of the Real Parties in Interest, Daniel Barnett and Christina

Barnett, is due March 18, 2022.

MOTION FOR TEMPORARY RELIEF GRANTED.

ORDER ENTERED March 8, 2022.

PER CURIAM

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