Opinion
Appellate case number: 01-17-00249-CV
04-18-2017
In re Jerrold Klein, Independent Executor of the Estate of Irving Klein, Deceased, Relator
ORDER Trial court case number: 447,952 Trial court: Probate Court No. 3 of Harris County
On April 10, 2017, relator, Jerrold Klein, Independent Executor of the Estate of Irving Klein, Deceased, filed a petition for writ of mandamus seeking to vacate the respondent trial judge's March 30, 2017 "Order Compelling Distribution of Estate Property" in the underlying probate proceeding. Relator has filed three volumes of a sworn mandamus record, including a reporter's record. See TEX. R. APP. P. 52.7.
With the petition, relator also filed a motion for emergency relief seeking a stay of the respondent's March 30, 2017 order pending disposition of this petition, with the required certificate of compliance. See TEX. R. APP. P. 52.10(a). Accordingly, the Court grants the relator's motion and ORDERS that the respondent's March 30, 2017 "Order Compelling Distribution of Estate Property" is stayed. See id. 52.10(b). This stay is effective until the mandamus petition in this Court is finally decided or this Court otherwise orders the stay lifted. See id. Any party may file a motion for reconsideration of the stay. See id. 52.10(c).
Finally, the Court requests a response to the petition for writ of mandamus by any real party in interest. See TEX. R. APP. P. 52.8(b)(1). The response, if any, shall be filed within 30 days from the date of this order. See id. 2, 52.4.
It is so ORDERED. Judge's signature: /s/ Evelyn Keyes
X Acting individually [ ] Acting for the Court Date: April 18, 2017