Opinion
NO. 14-18-00036-CV
01-22-2018
IN RE NAVIDEA BIOPHARMACEUTICALS, INC. AND MACROPHAGE THERAPEUTICS, INC., Relators
ORIGINAL PROCEEDING WRIT OF MANDAMUS
151st District Court Harris County, Texas
Trial Court Cause No. 2016-22242
ORDER
On January 19, 2018, relators Navidea Biopharmaceuticals, Inc. and Macrophage Therapeutics, Inc., filed a petition for writ of mandamus in this court. Relators ask this court to order the Honorable Mike Engelhart, Judge of the 151st District Court, in Harris County, Texas, to rule on their motion to set a supersedeas bond and to set a supersedeas bond in trial court number 2016-22242, styled Capital Royalty Partners II, et al. v. Navidea Biopharmaceuticals, Inc., et al. Relators claim respondent abused his discretion by not ruling on their motion and not setting a supersedeas bond.
Relators also filed a motion for temporary stay of proceedings below. See Tex. R. App. P. 52.8(b), 52.10. On January 19, 2018, relators asked this court to stay all enforcement of the January 10, 2018 first amended final judgment in the trial court pending a decision on the petition for writ of mandamus.
It appears from the facts stated in the petition and motion that relators' request for relief requires further consideration and that relators will be prejudiced unless immediate temporary relief is granted. We therefore GRANT relators' motion and issue the following order:
We ORDER all enforcement of the January 10, 2018 first amended final judgment in trial court cause number 2016-22242, Capital Royalty Partners II, et al. v. Navidea Biopharmaceuticals, Inc., et al., STAYED until a final decision by this court on relators' petition for writ of mandamus, or until further order of this court.
In addition, the court requests the real parties in interest to file a response to the petition for writ of mandamus on or before January 26, 2018, at 4:00 p.m. See Tex. R. App. P. 52.4.
PER CURIAM Panel consists of Justices Christopher, Donovan, and Jewell.