Opinion
NUMBER 13-20-00350-CV
08-10-2020
IN THE MATTER OF BUMSTEAD FAMILY IRREVOCABLE TRUST
On appeal from the Probate Court No. 1 of Harris County, Texas.
ORDER
Before Chief Justice Contreras and Justices Benavides and Longoria
Order Per Curiam
This cause is before the Court on "Appellants' Motion for Emergency Stay and To Remand the Trial Court's Order for Further Proceedings." Through this motion, appellants Taylor C. Moss, individually, as trustee of the TCM Trust; the Bumstead Living Trust; the Bumstead Family Trust; the Bumstead Survivor's Trust; and the Sylvia M. Bumstead Revocable Trust, and as Manager of Wolf Trot Properties, LLC and Wolf Trot Properties d/b/a Melia Investments, LLC, DeisoMoss, LLC and DeisoMoss Property Management, LLC; seek to stay portions of the "Order Suspending Powers of Trustee and Appointing Receiver" signed by the trial court on July 20, 2020.
This cause was transferred to this Court from the Fourteenth Court of Appeals pursuant to order issued by the Texas Supreme Court. See TEX. GOV'T CODE ANN. § 73.001.
Appellees, Debra M. Holzworth, Kathryn S. Marcotte, and Carol Bumstead Moss, Individually, as Trustees of their respective Exempt Trusts, as Trustees of their respective Descendant's Trusts, as Co- Trustees of the Bumstead Family Irrevocable Trust, and as Named Co-Trustees of the Bumstead Family Trust, have notified this Court that they intend to file a response to this motion by August 14, 2020.
The Court, having examined and fully considered appellants' motion, is of the opinion that it should be GRANTED in part and DENIED in part pending receipt and review of the appellees' response and further order of this Court. Accordingly, we GRANT appellants' motion in part and ORDER the following portions of the July 20, 2020 order to be stayed as specifically delineated in appellants' motion:
1. Section IV.A, ¶ ¶ 2-12 (IX C.R. at 582-87).
2. Section IV.B, ¶ 2 to the extent that it states Mr. Moss "is immediately enjoined from interfering with the daily operations of Ridescka and/or the assets of Ridescka" (IX C.R. at 587).
3. Section IV.B, ¶ 4 (IX C.R. at 588).
4. Section IV.B, ¶ 5 (IX C.R. at 588-89) to the extent that it requires:
a. action sooner than 90 days after the signing of the Order,
b. production of documents or information Mr. Moss lacks access to,
c. as a practical consequence of a time limitation or other difficulty of the required accounting, that Mr. Moss use his personal resources to pay for accounting services; and
5. All portions of the Order, including all findings, as to their use in the trial court for any reason except enforcement (IX C.R. at 560-91).
We DENY appellants' motion in part to the extent that it requests abatement and remand.
We ORDER appellees to file their response to the motion on or before Friday, August 14, 2020.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 10th day of August, 2020.