Opinion
Appellate case number: 01-16-00405-CV
09-20-2016
In re Maxine Adams and Cecil Adams, Relators
ORDER Trial court case number: 2014-35653 Trial court: 157th District Court of Harris County
On June 28, 2016, this Court abated this original proceeding to allow the new respondent, the Honorable Randy Wilson, to reconsider the March 13, 2015 orders denying the relators' motion to dismiss Harris County's interpleader and denying the relators' no-evidence summary judgment motion. This Court's order also stated that this original proceeding would be reinstated when a compliant supplemental clerk's record was filed, but that this Court would also consider a motion to reinstate.
On August 29, 2016, the pro se relators, Maxine Adams and Cecil Adams, filed an emergency motion for relief and reinstatement in this Court. Relators seek: (1) reinstatement of their mandamus petition; (2) an order for the trial clerk to file the supplemental clerk's record; (3) an order for the respondent to rule on reconsidering the March 13, 2015 orders; (4) a stay of the trial court's hearings on Harris County's and District Clerk Chris Daniel's motions to compel discovery, set for September 2, 2016, and for summary judgment, set for September 19, 2016; and (5) vacatur of the order granting the court reporter Kathleen Keese's summary judgment.
Also on August 29, 2016, Rebecca Ross, one of the real parties in interest, filed a response to relators' motion. She contends that reinstatement and emergency relief are unnecessary for several reasons. Ross contends, among other things, that the respondent considered the propriety of continuing the interpleader action and the validity of Keese's claims. Moreover, Ross had a Rule 166 pre-trial conference set for September 2, 2016 before the trial court, and relators can appeal any adverse decisions after a final judgment is issued.
Later on August 29, 2016, the district clerk filed a supplemental clerk's record in this Court. The supplemental clerk's record contains an order granting Ross's motion for summary judgment, an order granting Keese's motion for summary judgment, and an order denying the relators' motion to dismiss and determining that Harris County's interpleader is appropriate, all signed on August 8, 2016, by the respondent.
Although the order denying the relators' motion to dismiss and determining that Harris County's interpleader is appropriate complies with the first order requested by this Court's Order of Abatement, the other order, regarding the denial of the relators' no-evidence summary judgment motion, was not included in the supplemental clerk's record. According to the trial clerk's website, the relators filed a notice of oral hearings on September 8, 2016, in the trial court. That notice set for an oral hearing on September 30, 2016, among other motions, the relators' summary judgment for interpleader under 166a(c) and Harris County's motion for summary judgment. Thus, reinstatement appears premature because the supplemental clerk's record did not fully comply with this Court's Order of Abatement.
However, because no response has been filed yet by real parties in interest Harris County, Chris Daniel, or Kathleen Keese, the Court requests a response to the relators' emergency motion for relief and reinstatement by Harris County, Chris Daniel, and Kathleen Keese. See TEX. R. APP. P. 52.10(a), (b). The responses, if any, shall be filed within 7 days from the date of this order. See TEX. R. APP. P. 2, 52.10.
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[×] Acting individually [ ] Acting for the Court Date: September 20, 2016