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In re Philips

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Oct 7, 2021
No. 13-21-00312-CV (Tex. App. Oct. 7, 2021)

Opinion

13-21-00312-CV

10-07-2021

IN RE FRED T. PHILIPS AND MERCEDES PHILIPS


On Petition for Writ of Mandamus.

Before Justices Benavides, Longoria, and Tijerina.

ORDER

PER CURIAM.

On October 1, 2021, relators Fred T. Philips and Mercedes Philips filed a petition for writ of mandamus seeking to compel the trial court to vacate its order enforcing a Rule 11 agreement. See Tex. R. Civ. P. 11. Relators assert that the trial court abused its discretion (1) by granting a motion to enforce a Rule 11 agreement against parties that raised fact issues and revoked consent to the terms of the Rule 11 agreement, and (2) because the order granting the motion to enforce a Rule 11 agreement contains "material terms outside and beyond the Rule 11 agreement." By previous order, this Court requested that the real parties in interest, Thomas D. Stikeleather and Lea Ann Stikeleather, or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus. See Tex. R. App. P. 52.2, 52.4, 52.8.

Relators have now filed a motion for temporary relief requesting that we stay the trial court's September 28, 2021 order, and any enforcement action pertaining to that order, pending the resolution of this original proceeding. The Court, having examined and fully considered the motion for temporary relief, is of the opinion that it should be granted. Accordingly, we grant the motion for temporary relief and we order the trial court's September 28, 2021 order and any enforcement action related to that order to be stayed pending further order of this Court.


Summaries of

In re Philips

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Oct 7, 2021
No. 13-21-00312-CV (Tex. App. Oct. 7, 2021)
Case details for

In re Philips

Case Details

Full title:IN RE FRED T. PHILIPS AND MERCEDES PHILIPS

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Oct 7, 2021

Citations

No. 13-21-00312-CV (Tex. App. Oct. 7, 2021)