Thomas Avalos Jr. v. Fortis Construction LLC F/K/A AMS Construction LLC

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-23-00009-CV __________________

THOMAS AVALOS JR., Appellant

V.

FORTIS CONSTRUCTION LLC F/K/A AMS CONSTRUCTION LLC, Appellee

__________________________________________________________________

On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. 22DC-CV-01607 __________________________________________________________________

ORDER

On January 5, 2023, the trial court issued a temporary injunction that ordered

Appellant, Thomas Avalos Jr., (1) to allow Appellee, Fortis Construction Company,

to recover certain construction equipment on Avalos’s property within fourteen

days, and (2) prohibited Avalos from moving, selling, damaging, altering, or using

the vehicles and tools until they are returned or recovered, and enjoining Avalos

from interfering with Appellee’s recovery of the equipment.

1 When an accelerated appeal from an interlocutory order is perfected, we may

make such orders as are necessary to preserve the parties’ rights until disposition of

the appeal. Tex. R. App. P. 29.3. After reviewing the motion, we find that temporary

orders are necessary to preserve the parties’ rights until disposition of the appeal. It

is ORDERED that the January 5, 2023 Order Granting Application for Temporary

Injunction is STAYED until our Opinion issues or until further order of this Court.

See Tex. R. App. P. 29.3. This Order does not stay the trial court’s December 5, 2022

Order for Issuance Writ of Sequestration or the trial court’s January 5, 2023 Order

modifying the Order for Issuance Writ of Sequestration, the replevy of the property,

or the issuance of a Writ of Sequestration in Trial Court Case Number 22DC-CV-

01607, and at issue in Original Proceeding Number 09-23-00010-CV, In re Thomas

Avalos Jr.

ORDER ENTERED February 9, 2023.

PER CURIAM

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