Opinion
05-21-00696-CV
08-30-2023
DAVID DIAZ, SCOTT FISHER, AND KRISTI FISHER, Appellants v. SMS FINANCIAL CAP, LLC, CAPITAL ONE, NATIONAL ASSOCIATION, STEPHEN F. PERKINS, AND CHRISTOPHER FITZWATER, Appellees
On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-00653-2011
Before Justices Molberg, Reichek, and Garcia
ORDER
KEN MOLBERG, JUSTICE
Based on the Court's opinion of this date, we CONDITIONALLY GRANT relators' petition for a writ of mandamus. The Court ORDERS the trial judge to issue a written order, within fifteen (15) days of the date of this opinion vacating its May 26, 2021, Order Granting Receiver's Motion to Compel Turnover from Scott Fisher and Kristi Fisher.
The Court further ORDERS the trial judge to file with this Court, within thirty (30) days of the date of this Order, a certified copy of the order vacating the May 26, 2021, Order Granting Receiver's Motion to Compel Turnover from Scott Fisher and Kristi Fisher. The writ will issue only if the trial court fails to comply with this Order.