Richard L. Fleming III v. NASA Federal Credit Union

Court of Appeals of Texas

Richard L. Fleming III v. NASA Federal Credit Union

DecidedFebruary 11, 2022

Docket04-21-00555-CV

StatusPublished

This text of Richard L. Fleming III v. NASA Federal Credit Union (Richard L. Fleming III v. NASA Federal Credit Union) 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.

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Richard L. Fleming III v. NASA Federal Credit Union, (Tex. Ct. App. 2022).

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Fourth Court of Appeals San Antonio, Texas February 11, 2022

No. 04-21-00555-CV

Richard L. FLEMING III, Appellant

v.

NASA FEDERAL CREDIT UNION, Appellee

From the County Court, Guadalupe County, Texas Trial Court No. 2020CV0167 Honorable Bill Squires, Judge Presiding

ORDER

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

This is an accelerated appeal of the trial court’s December 15, 2021 order granting Appellee’s application for turnover and appointment of a receiver. On February 11, 2022, Appellant Richard L. Fleming III, who is representing himself, filed a “Relator’s Emergency Motion to Stay Enforcement of Trial Court’s Order Pending Decision of Interlocutory Appeal.” Appellant’s motion asks this court to stay the enforcement of the trial court’s order until thirty days after the disposition of his interlocutory appeal. Appellant’s motion refers to himself as relator, and he cites appellate rules applicable to original proceedings, e.g., TEX. R. APP. P. 52.10 (Temporary Relief), but this is a direct appeal, and the appellate rules pertaining to original proceedings do not apply. Nevertheless, construing Appellant’s motion liberally, we might consider it an attempt to suspend enforcement of the judgment pending appeal. See TEX. R. APP. P. 24.1. Even applying that construction, Appellant has not shown how he is entitled to the requested relief. Appellant’s motion for emergency relief is DENIED. FILE COPY

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of February, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas February 11, 2022

No. 04-21-00555-CV

Richard L. FLEMING III, Appellant

v.

NASA FEDERAL CREDIT UNION, Appellee

From the County Court, Guadalupe County, Texas Trial Court No. 2020CV0167 Honorable Bill Squires, Judge Presiding

ORDER

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

This is an accelerated appeal of the trial court’s December 15, 2021 order granting Appellee’s application for turnover and appointment of a receiver. On February 11, 2022, Appellant Richard L. Fleming III, who is representing himself, filed a “Relator’s Emergency Motion to Stay Enforcement of Trial Court’s Order Pending Decision of Interlocutory Appeal.” Appellant’s motion asks this court to stay the enforcement of the trial court’s order until thirty days after the disposition of his interlocutory appeal. Appellant’s motion refers to himself as relator, and he cites appellate rules applicable to original proceedings, e.g., TEX. R. APP. P. 52.10 (Temporary Relief), but this is a direct appeal, and the appellate rules pertaining to original proceedings do not apply. Nevertheless, construing Appellant’s motion liberally, we might consider it an attempt to suspend enforcement of the judgment pending appeal. See TEX. R. APP. P. 24.1. Even applying that construction, Appellant has not shown how he is entitled to the requested relief. Appellant’s motion for emergency relief is DENIED. FILE COPY

_________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of February, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Richard L. Fleming III v. NASA Federal Credit Union, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-l-fleming-iii-v-nasa-federal-credit-union-texapp-2022.