Opinion
No. 01-04-00671-CV
Opinion issued July 22, 2004.
Original Proceeding on Petition for Writ of Mandamus.
Rod D. Hardie, Hughes, Watters Askanase, Houston, TX, Craig T. Enoch, Winstead Sechrest Minick, P.C., Austin, TX, and Sharon B. Gardner, Crain, Caton James, P.C., Houston, TX, for relator.
Hon. Mike Wood, Probate Court No. 2, Harris County, Houston, TX, for respondent.
Edward J. Hennessy, Hennessy Associates, Houston, TX, Melissa Anne Prentice, Austin, TX, Charles W. Kelly, Kelly, Sutter, Mount Kendrick, Houston, TX, and J. Douglas Sutter, Kelly, Sutter Kendrick, P.C., Houston, TX, for real party in interest.
Panel consists of Chief Justice RADACK and Justices ALCALA and HIGLEY.
MEMORANDUM OPINION
Relators, Roman Merker Alpert and Renee Picazo, next Friend of Daniel Alpert, have filed a petition for writ of mandamus complaining of an order signed by Judge Mike Wood on June 21, 2004 authorizing the payment of attorney's fees and expenses out of trust assets that are subject to receivership. On June 22, 2004, we granted relator's motion for temporary relief and stayed the transfer of assets.
The Honorable Mike Wood, judge of Probate Court Number Two, Harris County. The underlying lawsuit is Mark Riley, Trustee v. Robert Alpert ( In re the Roman Merker and Daniel James Alpert Trusts), No. 305,232-401 consolidated with Dennis Proctor, as Trustee of the Robert Alpert 1996 Children's Trust v. Mark Riley and Lolley Fontenot, P.C. ( In re the Robert Alpert 1996 Children's Trust), No. 325,013 (Probate Court No. 2, Harris County, Tex.).
We deny relators' petition for a writ of mandamus and lift our stay order issued on June 22, 2004.