Opinion
NO. 14-16-00418-CV
05-26-2016
IN RE COMERICA BANK, Relator
ORIGINAL PROCEEDING WRIT OF MANDAMUS 190th District Court Harris County, Texas
Trial Court Cause No. 2015-55739
ORDER
On May 20, 2016, relator Comerica Bank filed a petition for writ of mandamus in this court. Relator asks this court to order the Honorable Patricia J. Kerrigan, Judge of the 190th District Court, in Harris County, Texas, to vacate her order dated May 3, 2016, entered in trial court number 2015-55739, styled James M. Gaidry v. Comerica Bank, Texas. Relator claims respondent abused her discretion by ordering relator to (1) arbitration in the arbitration already pending with FINRA under Case No.15-02458, and (2) withdraw its application to arbitrate with JAMS (Order).
On May 20, 2016, relator also filed a motion for temporary stay of the Order pending a decision on the petition for writ of mandamus. See Tex. R. App. P. 52.8(b), 52.10. It appears from the facts stated in the petition and motion that relator's request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relator's motion and issue the following order:
We ORDER the trial court's Order signed on May 3, 2016 in cause number 2015-55739, James M. Gaidry v. Comerica Bank, Texas, STAYED until a final decision by this court on relator's petition for writ of mandamus, or until further order of this court.
In addition, the court requests James M. Gaidry, the real party-in-interest, to file a response to the petition for writ of mandamus on or before June 10, 2016. See Tex. R. App. P. 52.4.
PER CURIAM Panel consists of Justices Boyce, Christopher, and Jamison.