Jason Paul White, DDS v. Jane Doe, Individually and as Next Friend of John Doe, a Minor Child, and John Doe II, as Next Friend of Minor Children, John Doe III and John Doe IV
This text of Jason Paul White, DDS v. Jane Doe, Individually and as Next Friend of John Doe, a Minor Child, and John Doe II, as Next Friend of Minor Children, John Doe III and John Doe IV (Jason Paul White, DDS v. Jane Doe, Individually and as Next Friend of John Doe, a Minor Child, and John Doe II, as Next Friend of Minor Children, John Doe III and John Doe IV) 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
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-21-00268-CV
JASON PAUL WHITE, DDS, APPELLANT
V.
JANE DOE, INDIVIDUALLY AND AS NEXT FRIEND OF JOHN DOE, A MINOR CHILD, AND JOHN DOE II, AS NEXT FRIEND OF MINOR CHILDREN, JOHN DOE III AND JOHN DOE IV, APPELLEES
On Appeal from the 99th District Court Lubbock County, Texas Trial Court No. 2021-542,885, Honorable J. Phillip Hays, Presiding
November 15, 2021 ORDER Before QUINN, C.J., and PIRTLE and PARKER, JJ.
On November 5, 2021, this Court denied appellant’s emergency motion to suspend
receivership pending appeal. On November 9, appellant filed a second emergency
motion for relief, again requesting that we stay the trial court’s order appointing a receiver
and further requesting that we issue a temporary injunction blocking the receiver from
selling real property or transferring funds. Appellant maintains that he is entitled to supersede the trial court’s order pursuant
to Texas Rule of Appellate Procedure 24.1(a). While a judgment debtor is generally
entitled to supersede a judgment and thus defer its enforcement while pursuing an
appeal, see TEX. R. APP. P. 24.1; Miga v. Jensen, 299 S.W.3d 98, 100 (Tex. 2009),
appellant has not indicated that he has sought relief from the trial court via any of the four
methods listed in Rule 24.1(a). As such, there is no supersedeas ruling presented for our
review.
Further, when seeking temporary orders in an appeal of an interlocutory order, it
is the movant’s burden to make a clear showing that he is entitled to relief. Lamar
Builders, Inc. v. Guardian Sav. & Loan Ass’n, 786 S.W.2d 789, 791 (Tex. App.—Houston
[1st Dist.] 1990, no writ) (order). To be entitled to injunctive relief, appellant must plead
and prove (1) the existence of a wrongful act, (2) a probable right to the relief sought, and
(3) the likelihood of imminent and irreparable injury. Butnaru v. Ford Motor Co., 84
S.W.3d 198, 204 (Tex. 2002). Appellant has not presented sufficient evidence to
demonstrate that the receivership presents a danger justifying emergency or injunctive
relief. Appellant’s assertions about potential harm resulting from “pending transactions”
do not inform the Court as to the property involved, its value, the projected sales date, or
any imminent and irreparable injury that might result.
Thus, we conclude that the motion is insufficient to support granting appellant’s
request for a stay or issuing an injunction. Appellant’s motion is therefore denied.
Per Curiam
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Jason Paul White, DDS v. Jane Doe, Individually and as Next Friend of John Doe, a Minor Child, and John Doe II, as Next Friend of Minor Children, John Doe III and John Doe IV, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jason-paul-white-dds-v-jane-doe-individually-and-as-next-friend-of-john-texapp-2021.